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Posted Wed, 16 Mar 2022 15:08:46 GMT by oliverbloom
Hi, I'm one of the director/shareholder of a small LTD. I'm about to start a 1 year full time MSc degree at a University which will benefit the company and increase output. I came across this legislation online: as part of Section 776 IT(TOI)A 2005 (Section 331 ICTA 1988) a company can provide scholarship to employees in full time education. Please could you help me understand: - Is this scholarship corporate tax deductible? - Can I receive this scholarship as a director/shareholder? - Do I pay income tax and NIC? - Does the company pay NIC? - If I worked evenings and weekends for a small salary at the same ltd company, are the income tax and NIC payable only on the salary or are they payable on both the salary and scholarship combined amount? Thank you very much for any help!
Posted Wed, 13 Apr 2022 10:12:46 GMT by HMRC Admin 26

As you are a director and shareholder of the company the scholarship expenditure by the company may not be allowable for CT purposes.

Please consider the guidance provided in HMRC's Business Income Manual at BIM47080 which is available on the GOV.UK website. Please see extract below: 

"Where on the other hand an employee or director of a company, on whom the expenditure is incurred, has a significant proprietary stake in the business or is a relative of those who do, there is obviously a much greater chance that the expenditure may have been incurred  not,or not wholly, for business purposes but the provide the employee with some personal benefit.  If that is the case, then the expenditure is not deductible - the business purpose has to be the exclusive purpose.    To take an extreme example, there could be no allowance for the educational costs of the business proprietor's son who is employed in the business during university holdays. In such cases it is often helpful to as whether the expenditure would have been incurred on an otherwise unconnected employee doing the same job".     

If, after carefully considering the guidance in the Business Income Manual; you conclude that the expenditure has been incurred wholly AND exclusivley for the purpose of trading, then the maximum that can be paid to you is £15480 without PAYE/NIC deductions. 

Please refer to the guidance in HMRC's Employment Income Manual at EIM06220 which includes the list of condtions for exemption from PAYE/NIC.         

Employment Income Manual

Finally, the salary and scolarship income would be subject to PAYE and NIC unless the scholarship expenditure has been incurred wholly and exclusively for the purpose of trading.                                                                                                                                                                   

Thank you

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