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Good afternoon fellow sufferers
I received a one off bonus this January, in April I requested an MR, as I did not agree with certain calculations, the response came back that the bonus I received in January has to be taken into account for a period of 12 months, which I have accepted as these are the rules. On the 1st February next year, the bonus will have been received over 12 months prior, so I will be requesting recalculation. The bonus is more than 25% of my salary, due to working in hospitality and salary now massively reduced, with no such bonus being received for many years to come. I just wondered if any other members had a similar issue and requested after the 12 months a recalculation for a bonus received over 12 months previous and if CMS played difficult. Seems a very straightforward issue, but as we know, nothing is ever such with these people. As ever, many thanks in advance
Hi, yes their rules can be confusing. Bear in mind if they want, they can check your income throughout the year, and they apply their 25% rule. They are very systematic. Whatever amount they see on your P60/end of year tax record, they will calculate based on that. They should calculate based on your last tax year income. If bonuses are a problem, maybe you could waive it and ask employer for time off in lieu?
@bill337 Hi bill337, the annual review is in December, so just received my one and the number they use is correct, as was more than 25% less than the P60 year end number. A combination of giving back the company car, reduced salary and increasing my pension contributions, within the FSA rules. The only issue is they are still using the bonus from January, so on the 1st February, the bonus will be more than 12 months old, so I can request it is taken off the calculations and this bonus is now more than 25% of my salary, which the CMS have agreed in the annual review, the salary will certainly not change by 25% again in the year. In February, I will have at least 10 months of payslips, showing my salary so again, hopefully no a problem. Just need to get them to recalculate taking off the bonus that is more than 12 months old and more than 25% of my salary. Should not be difficult but guess they will make it so
@bill337 I'm curious, how does CMS check your income throughout the year? Thought they were only able to check it via your taxes via HMRC after the tax year
@mrwhytes hi. in their booklet they state that they check at annual review time. but I have come across dads where CMS check their income a few times a year. sometimes ex-partner can push them to check any time during the year. think they also like to check because some paying parents don't always report changes e.g income went up by 25% if your PAYE permanent employee, they can access the real-time income information from HMRC if they want to.
I think HMRC now know your pay pretty much as it's paid. You could put your bonus straight into pension, in which case it will be excluded from the CMS calculation, as well as getting tax relief on the payment.
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