Since 2009 Balckberry’s, Personal Digital Assistants
(PDA’s) and iphones, (which currently are not referred to in the
legislation) are classed as Mobile Phones for the purposes of the
legislation and the HMRC tax guide 480 (2009) to Expenses and Benefits Chapter 22 Section 316 22.5 states that:
“A Personal Digital Assistant, such as a Blackberry, combines the
functions of a mobile phone with many of the functions associated with
a computer. Therefore a Blackberry is a mobile phone for the purposes
of the exemption in Section 316. But if a Blackberry is provided to an
employee solely for business use, and any private use is not
significant, it will be exempt under Section 316, in the same way as a
mobile phone provided in the same circumstances”.
HMRC have specific guidance under Section 319 and 316 ITEPA 2003 on what expenses can be claimed as business for mobile phone and other hand held devices such as Blackberry’s and PDA’s.
Benefits in Kind - Mobile Phones
In Section 319 ITEPA 2003 EIM21778 - HMRC state that:
“With effect from 6 April 2006 there are several changes to the mobile phone exemption in Section 319 -
- the definition of a mobile phone is revised;( BFCA Notes- PDA is now classed as a Mobile Phone )
- the number of phones provided for private use is restricted to one;
- mobile phones provided to members of the employee’s family and household are excluded: and
- thereis no longer the possibility of a tax charge arising under
either Section 62 ITEPA 2003 (general earnings) or Chapter 4 of Part 3
of ITEPA (vouchers and credit tokens) on the provision of a mobile
phone”.
HMRC detailed explanation of the above can be found on EIM21779.
Where one mobile is provided to an employee who may also use it for
personal calls, no tax will apply. There will also not be a tax charge
where there are two SIM cards for instance one for the mobile and the
other for a hands free kit that is owned by the company. If the
ownership of the kit is later transferred to the employee then a benefit charge will apply.
If there are two mobile phones provided to one employee and paid for
by the company, one will incur a benefit charge for which the employer
and employee can decide which one will incur this charge.
Tax deductible Expenses - Mobile phones
Under Section 319 ITEPA 2003 (amended in 2006) mobile phones are
exempt from the benefit charge for personal use but as a business
expenses it does not pass the ‘reasonably incurred, exclusively and necessary incurred and spent rules.
However, if the mobile phone is owned by the business and the
invoices are made to that business and the phone is provided for
business use and has “reasonable” personal usage it may be claimed as a
tax deductible expense for both the purchase and running costs. A
mobile phone that is provided solely for personal use is not a tax
deductible expense.
The capital cost up to a maximum of £500 net maybe claimed in the
profit and loss accounts. Above this amount it will have to be written
in as a capital cost and capital allowances charged against profits
accordingly.
If the employee purchased the phone and the bills are made out to
that employee, which are then reimbursed by the company, then only the
business calls may be tax deductible.
It is more tax effective to have the mobile phone contract in the name of the business and addressed to the business.
PAYG Mobile Phones
Mobile phones on PAYG services cannot be either a) Owned by a
company and provided to an employee or 2) owned by an employee and with
itemised billing
As such HMRC do not in practice recognise PAYG Top Up Costs as a tax
deductible expense for a Limited Company, or that an employee can claim
these costs against a business.
Input VAT on Mobile Phones
Where a mobile phone is used solely for business then all of the
input VAT is reclaimable. However, where there is also some personal
usage then only a percentage of the input VAT may be reclaimed, known as apportionment , in fact, in their business and non-business definition, HMRC state that:-
“A good example is if you buy a mobile phone for your business. If
you only use it for a third of the time for business purposes, you can
only reclaim a third of the VAT on purchase and service plans”.
If the company is VAT registered under the Flat rate Scheme, the rules above will not apply as no VAT input tax is claimed.