NIM24625 - Class 4 NICs: computation of liability: earnings from employed earner’s employment included in the calculation of the profits of a trade, profession or vocation

Regulation 94A SS(C)R 2001

From 2003-04 onwards, people who are self-employed and who introduce income, which was subject to Class 1 NICs, into their computation of business profits, are not liable for Class 4 NICs on that amount.

Example

Kate is a self-employed doctor. As part of her profession, she receives £2,000 of employment income, which she includes for tax purposes as ordinary professional receipts within the trading income rules in accordance with the practice set out at BIM40355 and EIM03002.

Although Kate chooses to include this income in her computation of profits for tax purposes, she has to pay Class 1 NICs on it.

Kate’s profit from her profession is £78,000. This includes £2,000 income from employed earner’s employment which is subject to Class 1 NICs.

Kate’s Class 4 NICs profits are her assessable profit for trading income purposes (£78,000) less the £2,000 income from employed earner’s employment which is subject to Class 1 NICs.

Kate is liable for Class 4 NICs on profits of £76,000.

Partnership Example

Joe and his brother, Pete, run a sub-post office, which is combined with a retail business.

  • Joe is the sub-postmaster and receives a salary of £15,000 on which Class 1 NICs have been paid.
  • Joe introduces the salary into the combined retail business/sub post office.
  • The business has net profits of £40,000.
  • The two partners share the profits equally.

Position for Class 4 NICs purposes

Joe (sub-postmaster)

Profit share 50%£20,000
Less the sub-postmaster’s salary on which he has paid Class 1 NICs£15,000
Class 4 NICs due on profits of£5,000

Pete

Profit share 50%£20,000
Class 4 NICs due on profits of£20,000

Only Joe, as the sub-postmaster, was paid the post office salary and only Joe has paid Class 1 NICs and so only he is exempt from liability in respect of the amount of earnings which is subject to Class 1 NICs.