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Entertainment for clients is not a tax-deductible expense, but an event for staff and their plus ones certainly is and thus can be claimed back as a trivial benefit. So, your limited company can claim its Christmas party as a deductible expense against corporation tax as long as you observe the following rules:
For a party to be tax-deductible, you must ensure total company inclusion. That means all of your employees and directors must be invited. If your business has more than one location or departments, you can put on separate parties, as long as all your staff can attend one of them.
If you are a one-person company, (e.g. the only director and employee) you and your plus one can still enjoy a festive celebration as a deductible expense.
Your entertainment should not exceed £150 (including VAT) per person. The cost per head should be calculated by adding up all the costs of the party, including transport and accommodation, then dividing it by the number of attendees.
You must take care not to go over this limit. Even doing so by just a nominal amount will mean you can no longer claim the tax exemption. If you do overspend, the entire cost will be treated as a benefit-in-kind (BIK) and subject to additional tax and NI.
From HMRC’s point of view, this is an exemption rather than an allowance, so you must spend the money in order to claim tax relief. You cannot take cash or a cash equivalent – so don’t get carried away thinking you can treat yourself to a tax-free Christmas bonus!
Benefit-in-kind: Perks or benefits an employee or director recieve from the company for personal use. Personal costs incured by company directors, may also be considered as Benefit-in-kind.
VAT on the cost is recoverable but only if you charge any non-employee / director guests, a nominal fee. The fee is subject to what’s known as ‘output VAT’ and needs to be included in the company’s VAT return.
Your entertainment should not exceed £150 (including VAT) per person. The cost per head should be calculated by adding up all the costs of the party, including transport and accommodation, then dividing it by the number of attendees.
Client entertaining generally is not allowed for corporation tax or VAT purposes, so you cannot claim tax relief for the costs of inviting your clients to your Christmas party. That doesn’t mean you can’t invite them – you certainly can, but if you do; then it is important to separate the staff and client costs and apportion appropriately for tax purposes.
You can give small, low-value gifts such as chocolate or a gift card to employees and company directors and this can be exempt from tax and classed as ‘trivial benefit’. There is a limit, however – to be tax-exempt the value must not exceed £50 including VAT. If the cost exceeds £50, the full amount is taxable.
When buying gifts for directors and other office-holders, the total amount provided by the company cannot exceed £300 per year. Again, you cannot give cash or a cash voucher, and you must keep a receipt for your purchase. Also, the employee must not be entitled to the benefit as part of any contractual obligation, and the benefit must not be provided in recognition of services performed as part of their employment duties.
From HMRC’s point of view, this is an exemption rather than an allowance, so you must spend the money in order to claim tax relief. You cannot take cash or a cash equivalent – so don’t get carried away thinking you can treat yourself to a tax-free Christmas bonus!
Gifting clients and customers is generally treated as business entertainment so won’t receive corporation tax relief or be allowable for a VAT reclaim. However, there is an exception for small gifts that don’t exceed £50 a year per client, as long as they carry a conspicuous advert for the company, such as pens, diaries and calendars. Gifts of food, drink, tobacco and vouchers are not allowed even if they have a company advert on them.
Please review the following points carefully:
In principle, a Trivial Benefit is a low-value, tax-deductible gift provided by the employer to an employee. An employer does not pay tax for the benefit provided if the following conditions are met:
If you’re thinking of hosting a party or buying Christmas gifts through your company or business, it’s a good idea to advise with your accountant first and make sure you adhere to the tax requirements of Christmas parties and gifting. From all of us at Clever Accounts, Have a Merry Christmas!
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