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What NICs will be payable on school fees?

Question:

For an employee who has to pay their children’s school fees, is there a difference for National Insurance contributions (NICs) purposes between: (a) the employee contracting with the school and the employer paying the employee’s bill; and (b) the employer contracting with the school? 

Arthur replies: 

In the first case, this benefit-in-kind is subject to Class 1 NICs, whereas in the second case, this benefit-in-kind is only subject to Class 1A NICs. See HMRC’s guidance at www.gov.uk/expenses-benefits-school-fees-for-employees-child.  

For an employee who has to pay their children’s school fees, is there a difference for National Insurance contributions (NICs) purposes between: (a) the employee contracting with the school and the employer paying the employee’s;

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This question was first printed in Business Tax Insider in October 2024.