We generally publish a reminder about this stuff every year, but for obvious reasons we skipped writing about Christmas parties in 2020. But if you are going to be holding a staff Christmas party this year, here's a reminder about the tax rules around Christmas parties and gifts.
If an employer provides a Christmas party that's available to all of its staff (note that this really applies to PAYE employees, as opposed to, say, freelancers), where the cost is less than £150 per head, then it can reclaim all of the VAT and deduct the entire remaining cost from its profits before working out its tax bill - effectively, if a normal VAT-registered limited company holds its party at a normal VAT-registered venue, every £100 spent on the party ends up costing the company £71 in the long run, once they've got the VAT back and saved corporation tax on what's left (normally that'd be £67, but this year the venue will be charging you the temporarily reduced hospitality rate of VAT of 12.5% rather than 20%, just to add another little complication to thing, so there won't be as much VAT to reclaim). Actually, those allowances apply to annual events, not specifically Christmas ones - so you could have, say, a summer barbecue *and* a Christmas party costing less than £150 a head in total and still reclaim all of the VAT and get tax relief on the balance.
If you want to give a Christmas gift to staff, then in practice HMRC consider a relatively small item like a turkey or a fairly normal bottle of wine to be trivial, and won't try to tax the employee on the value of the gift (as we've written before, sporadic gifts and benefits each valued at £50 or less are explicitly considered trivial by HMRC). Assuming there's VAT on the gift when you buy it, then once more the ultimate cost of £100 of staff gifts to a normal VAT-registered limited company employer will be £67. Anything more valuable the employees will have to pay tax on - and you'll have to pay National Insurance too.
If you give gifts to customers, then they'll only save you tax in full if:
- The total value of gifts in a year to the customer is less than £50,
- The gift has a clear advert for your business on it, and
- You can't eat, drink or smoke it!
If you want to give a customer, say, a bottle of whisky then that's still completely fine, and may well make great business sense! But a) you can only claim the VAT back on the gift if it costs less than £50 and b) you won't save corporation tax on it however much it costs. So a £49 bottle will cost a company £41 in the end (it can get the VAT back but can't save any corporation tax) and a £100 bottle will cost it £100 - it can't reclaim any VAT or reduce your corporation tax or income tax bill at all.