TAXFREE CLOTHES FOR EMPLOYEES
Normal Position
A tax charge can arise if an employer buys clothes for an employee. For P11d employees the cost to the employer of supplying the clothing (not its second-hand value) has to be entered on their individual annual return of benefits and expenses. This means the employee will pay income tax (but not NI) and the company will pay employer�s NI, on the value of the benefit. Where a P11d benefit arises the cost of the clothing should include VAT, even if it is recoverable by the employer.
Exceptions
There will be no income tax or NI liability where an item of clothing qualifies as protective or uniform. The basic principle is to determine whether clothing is �ordinary clothing� or whether the clothing worn is a type dictated by the nature of the employment? If the latter is true you might be able to avoid the tax charge.
The Taxman will accept that clothing is genuinely protective if it is �worn as a matter of physical necessity because of the nature of the job� (Taxman�s manual SE 32470). Overalls and protective gloves and boots would be included. The grey area is found when it comes to uniforms.
The Taxman�s test here is �whether someone wearing the clothing would be recognisable in the street as wearing a uniform� (SE 32475 with examples at SE 32476 and SE 32477). So the clothing you provide should be distinctive, not only to indicate to the general public who your staff are but also to portray a brand image. The Taxman will not accept smartness or �it�s in the company colours!� as the reason behind the claim.
How to make it a Uniform
Add something to what would otherwise be regarded as ordinary clothing. A permanent and conspicuous badge or logo embroidered onto a breastpocket or lapel would be the usual method, a removable badge would not. It must be sufficiently distinctive and associate the people with the company. There is no need for the clothing to be provided to everyone. The important thing is for there to be a business need, such as, you have staff that are interacting with the public all the time and so require special clothes.
The Taxman reserves the right to review each case on its own merits, so he will use the tactic of saying that the clothing is capable of being worn outside work and it will end up being your word against his. Your case will be strengthened if employees are told in writing that the clothing must be used for work purposes only. If there are no changing facilities at work then you can let employees wear the clothing for home to work travel. Before buying the clothing apply for a dispensation from the Taxman so that the cost of the uniform/protective clothing can be excluded from the employees P11d.