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Staff Entertainment: The £150 Cliff Edge

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Acumon Chartered Accountants ·4 min read

The Christmas party is tax free up to £150 a head — and that figure is an exemption, not an allowance, which is the distinction that turns a well-intentioned staff event into a benefit in kind on everybody who attended. Spend £151 and the whole £151 is taxable, not the pound over. It is the harshest cliff edge in employment tax, and it catches employers every December.

The annual function exemption

Three conditions must all be met for an event to be exempt:

  • It must be an annual event — a Christmas party or a summer barbecue, something recurring, not a one-off celebration of a contract win;
  • It must be open to all employees, or to all employees at a particular location where the employer has several sites;
  • The cost must be £150 or less per head, including VAT.

The cost per head is the total cost of the event divided by the total number of attendees — including guests such as partners, which usefully increases the denominator. It includes everything the employer pays for: food, drink, venue, entertainment, and transport or overnight accommodation provided in connection with the event.

Where an employer holds more than one annual event, the £150 applies to the combined cost across them. If the total exceeds the limit, the employer can choose which event or events the exemption covers — so a £100 summer event and an £80 Christmas party means one of them is exempt and the other is fully taxable, and it is worth choosing the more expensive one.

Exceeding the limit makes the whole cost a taxable benefit, reportable on the P11D with Class 1A National Insurance at 15% for the employer. Most employers who breach it settle the tax for their staff through a PAYE Settlement Agreement, which is the humane answer — and an expensive one, because the settlement is grossed up, so covering the tax on a £200-a-head event for a higher rate taxpayer roughly doubles its cost.

Trivial benefits: the exemption people underuse

Separately, a benefit is exempt as a trivial benefit where it costs £50 or less, is not cash or a cash voucher, is not a reward for work or performance, and is not contractual. There is no annual limit for ordinary employees — a £40 gift several times a year is fine, provided each one independently meets the conditions. Directors of close companies are capped at £300 a year.

The conditions are strict in a specific way: "not a reward for performance" excludes the bonus disguised as a gift, and "not contractual" excludes anything staff have come to expect as an entitlement. Within those limits it is genuinely useful — birthday gifts, flowers, a team lunch that is not an annual event — and it is the most commonly forgotten exemption in employment tax.

Entertaining clients is a different question

Staff entertaining and client entertaining are treated quite differently, and the confusion between them is the second most common error here.

Entertaining clients or other business contacts is not deductible for corporation tax, and the input VAT is not recoverable — with a narrow exception for overseas customers. The cost is real, the tax relief is nil, and no amount of business purpose changes that.

Staff entertaining, by contrast, is generally deductible for corporation tax as a cost of employment, and the VAT is recoverable where the event is for employees. Two caveats: where an event mixes staff and clients, the costs must be apportioned and the client element disallowed; and where directors or partners are entertained without other staff present, HMRC treats it as business entertainment rather than staff welfare.

Practical points that save money

Count the heads properly and keep the evidence — the calculation is total cost over total attendees, and an employer who cannot show the attendee number cannot support the per-head figure. Include VAT in the £150; employers working from net costs breach the limit without noticing.

Where the per-head figure is going to land near the line, reduce the spend rather than hope: the difference between £148 and £152 is not £4, it is the entire tax charge. And where an event genuinely has to exceed it — a significant anniversary, a milestone — decide in advance whether the company will settle the tax, and budget the grossed-up figure rather than discovering it in July.

Finally, keep the annual function and the trivial benefits exemption distinct in the records. They are separate reliefs with separate conditions, and running a £60-a-head summer event through the trivial benefits exemption because it is "only £60" does not work: it fails the £50 test, and that is enough on its own. Do not add a condition that is not there — nothing disqualifies a trivial benefit simply because it recurs annually. What recurrence can do is indirect: a benefit provided so predictably that staff treat it as an entitlement risks becoming contractual by custom, and that is one of the four conditions.

Acumon handles benefits reporting, PAYE Settlement Agreements and the surrounding planning through employment tax and payroll management. If your Christmas budget is set before the autumn, that is the moment to check the per-head arithmetic — not the January after.

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