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How do we solve a problem like national insurance?

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The difficult member of the tax family has been suffering an identity crisis for over a century. The time has come to take national insurance in hand, says Rebecca Cave.

16th Nov 2023
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National insurance has always been a difficult member of the tax family. The name prompts confusion over its status as a tax, and the cost for employers has spawned numerous problems in the employment market. 

Potted history 

National insurance (NI) has had issues with its identity since the scheme was conceived in 1911. That’s because national insurance was created as two twin schemes to provide workers with:

  • health and pension benefits (run by unions and social organisations)
  • unemployment benefits (run by the government).

These two schemes were merged into one in 1948 to support the welfare state and the NHS. 

In the early days paying national insurance contributions (NIC) gave the payer entitlement to specific social security benefits. But now there is little connection between the amount of NICs paid and the level of benefits received, except for entitlement to the state pension and a few other contributory benefits. 

At first, workers would buy stamps at a flat rate per week to attach to their NI card, although employers have always made a separate contribution per worker. In 1975 the flat rates of NIC for employees were replaced with a percentage of earnings collected via PAYE alongside income tax. The flat rate of class 2 NIC for the self-employed remains today as a curious fossil in the tax system.

Rising employer costs 

The employer’s rate of NIC hovered around 10% of the employee’s earnings for many years, until 1999 when it jumped to 12.2%, with a slightly lower rate for contracted-out employees. 

The late 1990s also saw a surge in workers who offered their services through their own personal service companies (PSCs) and thus allowed the engager to avoid paying employer’s NIC on the worker’s income. 

The use of PSCs has been growing since 1994 when the audit exemption for small companies was introduced into the Companies Act 1985. 

Incorporation of small businesses then exploded in 2000 when Chancellor Gordon Brown introduced the 10% starting rate of corporation tax, which was cut to a zero rate in 2002. This allowed a one-person business to incorporate and pay no tax at all on income of up to about £50,000 per year, if profits were extracted using a combination of small salary and dividends. 

Unintended consequences 

The combination of easy incorporation and cost savings encouraged employers to push skilled workers off their payrolls into PSCs, although many of those individual workers were happy to take control of their own businesses and pay their own tax. 

To counter the massive loss of employer’s NIC, the government introduced the IR35 rules in April 2000, which as originally designed would have placed the NIC burden back on to the employers. 

Oddly, after significant lobbying by large businesses, the responsibility for judging whether income from contracts should be treated as employment income (and subject to employer’s NIC), became the responsibility of the PSC. This responsibility has now been flipped back to the employer under the off-payroll working rules. 

Now those large employers tend to push the responsibility for calculating payroll taxes for contractors down the supply chain to unregulated umbrella companies. The government has recognised that there is significant non-compliance in the umbrella company market, and it consulted on solutions to this problem in June 2023, but we are still waiting for its decision. Perhaps we will see an announcement of action in this area in the Chancellor’s Autumn Statement this month. 

Call for change 

The Institute of Chartered Accountants in England and Wales Tax Faculty has said that the problem of off-payroll working could be solved if the total amount of tax and NIC paid by individuals and engagers of workers was the same or very similar across all sources of income, and these charges didn’t vary between those who are categorised as employees and the self-employed. 

The Tax Faculty has been pushing this message since March 2017 when it replied to the Taylor review of modern employment practices

Why not merge NIC and income tax? 

If a full merger of income tax and NIC was achieved, so that all income tax rates were increased by the NI payable on the same income, employees would see little difference in their take-home pay. 

However, other taxpayers would be subject to comparatively lower rates of income tax on pensions, rents, dividends and interest. The fairness of having different income tax rates for different types of income would need to be addressed, as well as the primary NIC exemption that currently applies above state pension age.

The other big hurdle to a full merger with income tax is how to fill the £100bn hole created by abolishing employer’s (secondary) NIC.

Alignment not merger

If a merger is too difficult would closer alignment between income tax and NIC help employers and the employment market?

The Office of Tax Simplification (OTS) in 2016 examined this question twice in 2016. The OTS identified seven key steps towards alignment, but not one of those steps has been implemented by the government. 

Way forward 

Perhaps it is time to think imaginatively about the NIC paid by both employers and individuals.

Could small employers be exempt from the NIC charge by implementing a high payroll value threshold such as for the apprenticeship levy? This would remove the need for the employment allowance. 

Why not merge NIC and income tax for all individuals, so everyone pays the same rate of combined tax on all types of income, while retaining the contributory element for the state pension?

Replies (35)

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By Justin Bryant
16th Nov 2023 14:01

I once read some nutty explanation that ER NIC is there to stop the private sector monopolizing employees at the expense of the public sector and indeed that's the best explanation I've heard for it.

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By ireallyshouldknowthisbut
16th Nov 2023 14:20

I thought one of the biggest arguments for a combined single rate is that this *would* then tax pensions and other passive incomes the same as earned incomes, albei if pensioners are such a protected species there is no reason why you couldn't have a different tax rate for pensions vs earned income. We already have different rates of tax for dividends for example.

Depends which way you are looking at it.

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Replying to ireallyshouldknowthisbut:
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By GrayMan
21st Nov 2023 15:39

This probably makes sense. I recall in the early 1960s there was earned income relief at some odd rate (about 2/9ths) but it was later wrapped up in a higher personal allowance available to all. That was in the days of the pre-5th April wedding rush to get the married man's tax allowance. If both were working it was better to marry mid-year as the woman was treated as 2 persons and got the lower allowance before and after. Many thought wives were 2 different people before and after marriage, but I was one of the lucky ones.

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By 2TunTed
17th Nov 2023 09:48

NI started off honourably enough and then fell into low company, politicians, treasury officials and the like. Politically, there is no will to get rid of it or change it much. Most MP's don't understand it and anyway, much better to have two things to play with than one.
The latest fudge, applying it to dividends, with all the nonsense spouted about personal service companies sharing the burden but nothing about those living off rents, or capital gains. So the usual load of ill thought nonsense we have come to expect.
Yes it needs to change but hell will freeze over first. Mores the pity.

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By alan.falcondale
17th Nov 2023 09:49

any views on the upper threshold being removed to bring in greater value from the higher earners rather than just 1%?

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Replying to alan.falcondale:
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By cereus77
17th Nov 2023 10:45

The uncapped top rate of NI is currently 2%. Your proposal would increase the effective top rate of tax from 47% to 57% making our income tax the highest in Europe. I can’t see this being a success as it would likely lead to an exodus of high earners from the UK.

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Replying to alan.falcondale:
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By Ian McTernan CTA
20th Nov 2023 09:11

Not forgetting the employers NIC charge as well, so 70% tax ...and higher earners already contribute the vast majority of tax and NIC...

Would you want to earn just to have 70% taken away? It's already effectively 60% for high earners..

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By Malmsmead
17th Nov 2023 10:09

Any change to abolish national insurance would highlight the true difference between an employee's take-home pay and the amount his employer is prepared to pay for that employee's services.

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By wyoming
17th Nov 2023 10:18

I agree that NI is odd and misunderstood. For example, so many people can't understand why they still have to pay it once they have a full state pension entitlement.

On the bright side, I'm the person in my office who understands it best, so I have my little niche as the "go to" person for NI queries! Just on that basis, I hope it survives unscathed for another 2-3 years until I hang up my Whillans Tax Tables!

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By Arcadia
17th Nov 2023 10:26

The myth still persists that NI 'pays' for benefits and pensions, and the population are less resistant to increases in NI, plus chunks of it fall on employers. Therefore for political reasons, politicians will never agree to abolishing it. One way to sell imposing NI on pensions would be to devote some of the proceeds to the care system. Boris went part way towards this, but it got lost in the mess. Why is the broken care system never mentioned any more?

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Replying to Arcadia:
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By GrayMan
21st Nov 2023 16:03

I think you are looking in the wrong place to see comments about the broken health
care system. I think most on here have alternative insurance anyway. The government admits far fewer people are being treated which is evident but claims they have spent far more money which is debatable. Most people including pensioners would be agreeable to paying higher rates but it must include specific guarantees.

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By mwalker
17th Nov 2023 12:22

NI, like several other "specific" taxes, would benefit from being hypothecated.

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Replying to mwalker:
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By jeremybarker
18th Nov 2023 00:40

NI effectively is hypothecated because NI receipts (apart from the small fraction diverted towards NHS funding) goes into the National Insurance Fund which pays for the State Pension, Contributory Benefits and some other things. The accounts of the NIF are published annually.

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By Nebs
17th Nov 2023 12:27

Employers NIC should be based on the total wage bill, not the pay of individual employees. It is one of the reasons many large employers have loads of staff on 2 day weeks which, as well as reducing the Employers NIC payable compared to similar hours by full time staff, also often increases the benefits bill.

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By Rgab1947
17th Nov 2023 12:48

Why not have a real NI, ring fenced to pay for pension, NHS. So you want more to spend on NHS increase the NI. % paid by EE % paid by ER. The % is calculated each year based on expected or planned expenditure on pension and NHS.

(On an aside in NDL, ordinary tax is about 9% with their version of NI at 30%. So similar in total)

Ordinary tax goes to the rest not pension or NHS. Politicians can play with rates or different incomes.

But if you can make something difficult it will be the preferred option so hold no hope on it being sorted in my lifetime.

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By GrayMan
17th Nov 2023 12:54

I've never believed that if the rate of UK tax, or NIC, is higher all the best brains will flee abroad.
Very few can make the same income or profits selling to people living in banana republics or they
do already. What tends to happen is profits & incomes made in the UK flee abroad, in other words, tax
evasion. There is though now a case for phasing out state pensions for younger workers
telling them they will be means tested fairly generously after a future date. It's ludicrous, to pay a temp as a Prime Minister £75,000 as a pension.

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Replying to GrayMan:
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By richard.snape
18th Nov 2023 16:39

Given that current pensions are paid for with current contributions. Younger workers might reasonably be unhappy at paying for the pensions of their seniors, having been told they wouldn't get a pension themselves.

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Replying to richard.snape:
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By GrayMan
21st Nov 2023 16:39

If you make that case, current pensioners could make the same valid objection because their contributions were used for those no longer with us. At least younger working people have the option of starting to make provisions.

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By dorisevnull
17th Nov 2023 13:44

Interesting historical summary, but you've missed the strongest reason for keeping NI. It's not progressive. For many lowest paid workers EE NI is the only direct tax they pay. If it were merged into PAYE they would no longer have any stake in direct taxation. While this would make it easier to put up high-end income tax, it is fundamentally not healthy for any voters not to have any interest in the system. No representation without taxation, you might say.

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By dmmarler
17th Nov 2023 15:05

My colleague and I had a meeting with John Whiting in 2010 recommending that NI be incorporated into income tax and his response was that the OTS had been to tasked to look at IR35 in the first instance. We suggested that this would solve the problem, but nothing came of it. As Nebs says, a simple percentage of payroll contribution (? separate payroll tax/employers' social security contribution?) could then be paid by the employer to cover the monthly cash flow gap to the Treasury.

Abolishing NI as a separate tax would reduce HMRC's staffing levels, salary and pension costs, estate costs, etc., so it would provide a further overall saving to HMG.

Different rates of tax for different income streams were always a nonsense, why continue this?

Forget complications like the hypothecation of taxes - that makes everything unnecessarily complicared again, and we will end up needing even more civil servants.

The real barriers to change are (1) the politicians do not want to be perceived to be increasing taxes, (2) professional bodies whose members make money out of tax work, (3) civil servants who continue their specialist employment, etc. Both (2) and (3) advise group (1) hence no progress.

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By jeremybarker
18th Nov 2023 00:47

"These two schemes were merged into one in 1948 to support the welfare state and the NHS."

That is incorrect. From 1948 to 2003 NI was purely a Social Security Tax. It was only when 1% (later 2%) was added to the deduction rates for Classes 1, 1A and 4 that the additional revenue from those increases was diverted to NHS funding. From 1948 to 2003 the NHS was entirely funded from general taxation and for the most part it still is.

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Replying to jeremybarker:
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By AndrewV12
20th Nov 2023 10:55

Once upon a time taxes were high and NI low, now there slowly coming together, politicians never mention this.

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Replying to jeremybarker:
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By rbw
20th Nov 2023 11:37

The National Health Service subvention from the National Insurance Fund did not start in 2003. There was always an NHS component paid into the Fund. The National Insurance Act in 1946 introduced one card and one stamp to cover all the aspects of insurance.

There were even explicit rates for the health side in statute from the National Health Service Contributions Act 1957.

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By dmmarler
19th Nov 2023 09:40

Thank you to Jeremy Barker for the insight around the hypothecation of National Insurance. This means UK plc pays extra salaries, pensions, estates, software and other costs for some reason lost in the mists of time. The more recent 2003 amendment looks like a Labout job creation programme.

National Insurance is a tax. We should not hypothecate taxes as this is extra administration, and therfore extra cost. Certainly, we should analyse tax receipts, etc., through management accounting processes, but this does not mean that we need to tuck some money away in a separate account and report separately! It reminds me of the pre-war advice to householders to put cash by each week in separate pots (teapots, jam jars, or whatever) to pay larger bills when they became due.

When are we going to get into the 20th Century, yet alone the 21st?

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Ivor Windybottom
By Ivor Windybottom
20th Nov 2023 09:53

I would like to see the definition of income/earnings for NI scrapped and for the Income Tax definitions to be used instead. That would improve simplicity while not affecting the operation of NI.

Scrapping or merging NI into Income Tax is just a step too far for the politicians, so we can forget about it.

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Replying to Ivor Windybottom:
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By rbw
20th Nov 2023 13:13

Tricky so long as income tax annual & NI pay period. Mileage allowances are a tiny example.

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By AndrewV12
20th Nov 2023 10:53

'Why not merge NIC and income tax?
If a full merger of income tax and NIC was achieved, so that all income tax rates were increased by the NI payable on the same income, employees would see little difference in their take-home pay. '

It will not be done for political reasons the Conservatives are the party of low taxes, but historically High NI, you know NI the one that most people are blissfully ignorant about and politicians very rarely mention unlike I.T. and C.T., for the self employed it makes effective tax 29% (or closely) no party is going to mention 29%tax + in their manifesto).

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Replying to AndrewV12:
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By GrayMan
21st Nov 2023 16:59

For that matter, VAT (now 20%) was originally 8% (12.5% on "Luxury goods"). The conservative party has never been the party of low taxation except to the uninformed.

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Replying to GrayMan:
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By wyoming
24th Nov 2023 11:03

Actually VAT was initially at one unified rate of 10% when it started in 1973. The separate rates for different things came in a bit later. But that's still a doubling of the main rate since the get-go!

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By [email protected]
20th Nov 2023 13:47

'Clever' politicians will always try and dress up any methods to obtain more Government spending capability as fair on those paying. NI is a classic example of a tax that has evolved because of that. It is not ring fenced as was originally 'sold' to us. I'm sure there will be a lot of us that remember the wages deductions in the late 60's and early 70's. We had a GP (Graduated Pension) deduction. We were told that it would be our own pot for retirement. Little did we know then that this money was never ever 'put aside' as promised.
Smoke and mirror strategy all the way!

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Replying to [email protected]:
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By GrayMan
21st Nov 2023 16:50

I only paid GP for a couple of years. When I joined a firm with a proper pension scheme, they wrote to me telling me my GP contribs were worth nothing.

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By adam.arca
20th Nov 2023 13:58

It's already been mentioned above by Richard Snape (18/11 16:39):

"Given that current pensions are paid for with current contributions. Younger workers might reasonably be unhappy at paying for the pensions of their seniors, having been told they wouldn't get a pension themselves."

This is exactly the reason why income tax and NI will NEVER be merged. There may be all sorts of good reasons why they should as mentioned above (although, frankly, I don't find any of them particularly compelling) and there may be all sorts of expedient reasons why politicians wouldn't want to as also mentioned above but FUNDAMENTALLY a merger is an impossible sell to Joe Public. And rightly so in my opinion because a merger will be seen as another brick in the wall towards abolition of the state pension.

"Yes, Mr Joe Public, I appreciate that you've been contributing to what you thought was your state pension pot for the last 20/30/40/whatever years and that you now see that heaving into sight on the horizon but actually, sorry and all that, you were wrong in your belief and that was all for nothing." That will go down like a lead balloon.

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By indomitable
20th Nov 2023 14:16

To my mind it doesn't matter how you slice and dice tax. It is still too much with a bloated civil service.

This is the elephant in the room, not tinkering around with labels

The overall burden is too much. No doubt the regime should be simplified, but the biggest issue is public spending, efficiency and waste not rearranging the deckchairs on the titanic!

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Replying to indomitable:
By Nick Graves
21st Nov 2023 15:15

indomitable wrote:

To my mind it doesn't matter how you slice and dice tax. It is still too much with a bloated civil service.

This is the elephant in the room, not tinkering around with labels

The overall burden is too much. No doubt the regime should be simplified, but the biggest issue is public spending, efficiency and waste not rearranging the deckchairs on the titanic!

Indeed. Is Javier Milei free? Oh damn...

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Replying to indomitable:
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By GrayMan
22nd Nov 2023 12:53

We may have had a bloated civil service 50 years ago. Try ringing the tax office nowadays, they're hopelessly understaffed & poorly trained. The government unscrupulously tried to remedy it by foisting self-assessment & capital allowance claims on a totally untrained public. Tax returns yes, but that was a bridge too far. If accountants only trained their staff to stack shelves we might as might as well all go home.

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