NIC on FURBS contributions

It has been held in Telent Plc v Revenue & Customs Commissioners [SpC 632] that cash contributions by an employer to a funded unapproved retirement benefits scheme were earnings paid to, or for the benefit of, an employed earner within section 6(1) SSCBA 1992, and that the employer was, therefore, liable for secondary Class 1 contributions.

In a judgment to make your head hurt, the decision in Tullett & Tokyo Forex International Ltd v Secretary of State for Social Security[2000] All ER(D) 739was distinguished. Whilst the case is not to be treated as a lead case (para 65), and other employers remain free to pursue their own appeals, we suspect that the majority of employers will now be resigned to accepting their chargeability.