Within the tax system, certain exemptions hold greater value than others. An exemption worth considering is that of mobile telephones. As long as specific conditions are met, employees can use employer-provided mobile phones for private use without incurring tax on the associated benefit. However, it is crucial to navigate potential pitfalls in order to fully enjoy this exemption. In this article, we will explore the conditions, considerations, and limitations surrounding the tax benefits of employer-provided mobile phones.

 

Conditions for Exemption

The exemption applies when the employee is provided with a mobile phone “without any transfer of property in it.” This means that the legal ownership of the phone must remain with the employer.

To qualify for the exemption, the contract for the mobile phone must be between the employer and the mobile phone provider. If the employer purchases the handset outright, they must retain ownership, while the airtime contract should be directly between the employer and the mobile phone provider.

Employer Payment vs. Employee Contract

It is crucial to distinguish between scenarios where the employee contracts with the mobile phone company and the employer pays the bill, and situations where the employer directly provides the mobile phone. If the employer is paying a personal bill on the employee’s behalf, the mobile phone exemption does not apply. In such cases, the amount paid by the employer is taxable and subject to Class 1 National Insurance.

Reimbursement and Cost Allocation

If the employee initially covers the cost of the phone and/or airtime and is later reimbursed by the employer, the mobile phone exemption does not apply. The exemption for paid and reimbursed expenses does not apply either if the phone is used privately, as personal expenses are not deductible.

One Phone per Employee

The exemption is limited to one phone per employee for private use. If the employee possesses an additional phone exclusively for business calls, the exemption remains available for the phone designated for private use. The business phone is disregarded for exemption purposes, and no tax charge arises if it is solely used for business calls.

 

Salary Sacrifice Considerations

The exemption does not apply when a phone is made available through a salary sacrifice or any other optional remuneration arrangement.

Employer-provided mobile phones offer valuable tax benefits, provided the associated conditions are met. By ensuring that the phone is provided directly by the employer, with the proper contractual arrangements, employers can avoid unnecessary tax burdens. However, it is essential to understand the limitations, such as the one phone per employee rule, and to avoid salary sacrifice arrangements. By adhering to these guidelines, employers can offer a worthwhile benefit to their employees while maximizing the available tax exemptions.

 
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