UK Statutory Instrument SI 2003 United Kingdom

The Income Tax (Pay As You Earn) Regulations 2003

Following the rewrite of the primary legislation relating to pay as you earn in Part 11 of the Income Tax (Earnings and Pensions) Act 2003, these Regulations rewrite, with minor changes, the Income Tax (Employments) Regulations 1993 and regulation 13 of the Income Tax (Employments) (Notional Payments) Regulations 1994.

Enforced by
HMRC
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 8 of 359 obligations carry an unlimited fine. 1 carries different penalties and 350 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer241 Any Person16 Employee11 Trader10 Director or Officer4 Responsible Person1 Contractor1 Applicant1

Plus 74 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
Any Person — also bound by 2340 other Acts
Employee — also bound by 189 other Acts
Trader — also bound by 825 other Acts
Director or Officer — also bound by 429 other Acts
Responsible Person — also bound by 108 other Acts
Contractor — also bound by 173 other Acts
Applicant — also bound by 307 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTION

0 of 14 sections shown
14 other sections in this Part — procedural and definitional
s.002 Interpretation
s.004 Relevant payments
s.real time information employers Real Time Information employers
s.real time information pension payers Real Time Information pension payers
Part 2

CODES

7 of 12 sections shown
s.013 Determination of code by Inland Revenue (opens in a new tab) Regulated
  • Use the tax code provided by HMRC for each employeeEmployer
Other duties (1) — Crown / regulator
  • HMRC must determine the correct tax code for every employeeStatutory regulator
s.014 Determination of code in respect of high income child benefit charge Regulated
  • Apply HMRC‑determined PAYE code for high‑income child benefit chargeEmployer
Other duties (1) — Crown / regulator
  • HMRC may collect High Income Child Benefit Charge through PAYE tax codesStatutory regulator
s.014 Recovery of debts: overall limit Regulated
  • Limit employee debt recovery under PAYE codesEmployer
Other duties (1) — Crown / regulator
  • HMRC must limit the amount of debt recovered through an employee's tax codeStatutory regulator
s.014 Matters relevant to determination of code (opens in a new tab) Regulated
  • Provide accurate employee information for PAYE tax code determinationsEmployer
Other duties (1) — Crown / regulator
  • HMRC must consider specific financial factors when setting tax codesStatutory regulator
s.017 Notice to employee of code (opens in a new tab) Regulated
  • Notify employees of their PAYE tax codeEmployer
Other duties (1) — Crown / regulator
  • HMRC must notify employees of their tax codeStatutory regulator
s.019 Amendment of code (opens in a new tab) Regulated
  • Notify employees of amended PAYE tax codesEmployer
Other duties (1) — Crown / regulator
  • HMRC must update your employees' tax codes if circumstances changeStatutory regulator
s.020 Notice to employer of amended code (opens in a new tab) Regulated
  • Use amended tax code when HMRC issues itEmployer
5 other sections in this Part — procedural and definitional
s.determination of code in respect of recovery of re Determination of code in respect of recovery of relevant debts
s.determination of code in respect of recovery of ta Determination of code in respect of recovery of tax credit debts
Part 3

DEDUCTION AND REPAYMENT OF TAX

60 of 80 sections shown
s.021 Deduction and repayment of tax by reference to employee’s code (opens in a new tab) Regulated
  • Deduct or repay Income Tax based on employee tax codesEmployer
  • Deduct or repay tax using employee’s PAYE codeEmployer
s.022 The cumulative basis (opens in a new tab) Regulated
  • Deduct and repay tax on a cumulative basisEmployer
  • Use the cumulative basis to calculate employee taxEmployer
s.023 Cumulative basis: deduction and repayment (opens in a new tab) Regulated
  • Calculate and deduct or repay PAYE tax on cumulative basisEmployer
s.024 Cumulative basis: employee not paid weekly or monthly (opens in a new tab) Regulated
  • Record actual payment dates on deductions working sheet for non-weekly/monthly payEmployer
s.026 The non-cumulative basis (opens in a new tab) Regulated
  • Use non-cumulative PAYE tax code when HMRC directsEmployer
s.027 Non-cumulative basis: general rule for deductions (opens in a new tab) Regulated
  • Apply non-cumulative (Week 1/Month 1) tax deductions when requiredEmployer
  • Deduct PAYE tax on each relevant payment using non‑cumulative ratesEmployer
s.028 Non-cumulative basis: modification of general rule (opens in a new tab) Regulated
  • Calculate PAYE deductions correctly for irregular or non-standard pay cyclesEmployer
  • Deduct PAYE tax from irregular employee payments on the correct reference dateEmployer
s.029 Non-cumulative basis: aggregation of payments (opens in a new tab) Regulated
  • Aggregate multiple payments in a single period for tax calculationsEmployer
  • Calculate PAYE tax on later payments using aggregate totalsEmployer
s.030 Non-cumulative basis: employee not paid weekly or monthly (opens in a new tab) Regulated
  • Calculate tax and record payment dates for irregular pay periodsEmployer
  • Record actual payment dates and apply non‑cumulative PAYE rulesEmployer
s.031 Payments in short payment periods (opens in a new tab) Regulated
  • Deduct PAYE tax on non-cumulative basis in short payment periods with extra pay daysEmployer
s.032 Additional rate code: deductions Prosecution
  • Apply additional rate tax deductions for specific tax codesEmployer
  • Deduct tax at the additional rate for employees with that codeEmployer

Unlimited fine

s.032 Higher rate code: deductions (opens in a new tab) Prosecution
  • Apply higher rate tax deductions for employees with a higher rate codeEmployer
  • Deduct tax at higher rate for employees with higher rate codeEmployer

Unlimited fine

s.033 Nil tax code: no deductions or repayments (opens in a new tab) Regulated
  • Do not deduct or repay tax when an employee has a nil tax codeEmployer
s.036 Income subject to retrospective tax provision — information to employee Regulated
  • Provide PAYE details of post‑termination payment to employeeEmployer
  • Provide retrospective tax details to former employeesAny Person
s.036 Cessation of employment: Form P45 (opens in a new tab) Regulated
  • Complete and issue Form P45 when an employee leavesEmployer
s.037 Income paid after cessation of employment subsequently becoming subject to PAYE Regulated
  • Deduct PAYE tax on post‑termination payments and keep recordsEmployer
  • Manage tax deductions for payments made after employment has endedEmployer
s.038 Death of employee (opens in a new tab) Regulated
  • Complete and submit Form P45 upon the death of an employeeEmployer
  • Notify HMRC of employee death and handle PAYE on post‑death paymentsEmployer
s.039 Death of pensioner (opens in a new tab) Regulated
  • Complete and submit Form P45 upon the death of a pensionerEmployer
  • Notify HMRC of pensioner death using Form P45Employer
s.040 Duty of employee to give new employer Form P45 (opens in a new tab) Regulated
  • Give new employer P45 Parts 2 and 3Employee
s.042 Procedure if employer receives Form P45 (opens in a new tab) Regulated
  • Process and record employee P45 details on commencementEmployer
  • Process new employee’s Form P45 and send Part 3 to HMRCEmployer
s.043 Form P45 for current tax year (opens in a new tab) Regulated
  • Record employee tax details from Form P45 and apply correct tax codeEmployer
  • Update payroll records for new employees using Form P45Employer
s.044 Form P45 for previous tax year: employment starting on or before 24th May (opens in a new tab) Regulated
  • Record employee tax code from P45 and apply correct PAYE deductionsEmployer
  • Use previous year's P45 details for employees starting before 25th MayEmployer
s.045 Other Forms P45 (opens in a new tab) Regulated
  • Use emergency tax code for new employees and deduct tax non‑cumulativelyEmployer
  • Use emergency tax code for new employees without a standard P45Employer
s.046 Form P46 where employer does not receive Form P45 and code not known (opens in a new tab) Regulated
  • Complete Form P46 for new employees without a P45Employer
  • Submit Form P46 for new hires without a P45Employer
s.047 Procedure in Form P46 cases: (a) seconded expatriate is national of EEA state or Commonwealth citizen, or (b) employee is not seconded expatriate and Statement A applies (opens in a new tab) Regulated
  • Send Form P46 and use emergency tax code for new employeesEmployer
  • Submit Form P46 and apply emergency tax code for new employees without a P45Employer
s.048 Procedure in Form P46 cases: (a) Statement B applies (not seconded expatriate), or (b) Statement B or C applies (seconded expatriate) (opens in a new tab) Regulated
  • Register new employees and deduct tax using the emergency codeEmployer
  • Send Form P46 and use emergency tax code for new employeesEmployer
s.049 Procedure where no Form P45 and: (a) employee is not a seconded expatriate and paragraph 41(a) of Schedule A1 applies; or (b) seconded expatriate is national of EEA state Prosecution
  • Apply emergency tax code for new employees without a P45Employer
  • Deduct tax using emergency code when employee has no P45Employer

Unlimited fine

s.049 Procedure where no Form P45 and: (a) employee is not a seconded expatriate and paragraph 41(b) of Schedule A1 applies; or (b) employee is a seconded expatriate and paragraph 43(b) or 43(c) of Schedule A1 applies Regulated
  • Use emergency tax code for employees starting without P45Employer
s.049 Procedure where no Form P45 and: (a) employee is a not seconded expatriate and paragraph 41(c) of Schedule A1 applies; or (b) employee is a seconded expatriate and paragraph 43(a) of Schedule A1 applies Regulated
  • Deduct tax at basic/emergency rate when no P45 and tax code unknownEmployer
  • Use correct tax codes for new employees without P45sEmployer
s.049 Procedure in Form P46 cases: (a) Statement C applies (not seconded expatriate), or (b) Statement A applies (seconded expatriate) ... (opens in a new tab) Regulated
  • Register new employees and set up tax deductions without a P45Employer
  • Submit Form P46 and apply basic‑rate tax deductionsEmployer
s.051 Late presentation of Form P45 (opens in a new tab) Regulated
  • Handle late presentation of employee Form P45 correctlyEmployer
  • Process a P45 received after an employee has started workEmployer
s.052 Late presentation of Form P45: employer’s duties (opens in a new tab) Regulated
  • Complete and process late-presented Form P45 for new employeesEmployer
s.053 No Form P45: subsequent procedure on issue of employee’s code (opens in a new tab) Regulated
  • Adjust PAYE tax deductions when HMRC issues a new tax codeEmployer
  • Deduct PAYE tax using HMRC‑issued code after employee’s code is issuedEmployer
s.054 Relevant pension payments and relevant payments being received by a pensioner Regulated
  • Deduct tax at 0T and report pension payments to HMRCEmployer
  • Duct tax and notify HMRC when an employee starts receiving a pensionEmployer
s.055 PAYE pension income paid by former employer (opens in a new tab) Regulated
  • Deduct tax and file Form P46(Pen) for former‑employer pensionsEmployer
  • Submit Form P46(Pen) when a retiring employee starts receiving a pensionEmployer
s.056 PAYE pension income paid by other pension payer (opens in a new tab) Regulated
  • Process Form P45 and deduct tax for new pension recipientsAny Person
s.057 Information to be provided in Form P46(Pen) if code not known: non UK residents (opens in a new tab) Regulated
  • Notify HMRC when paying a pension to a non-UK resident without a tax codeEmployer
  • Send Form P46(Pen) to HMRC for non‑UK resident pensionersTrader
s.058 Procedure if no Form P45 and code not known: UK pensioners (opens in a new tab) Regulated
  • Use emergency tax code and file P46(Pen) for new UK pensioners without P45Employer
s.060 Late presentation of Form P45 (opens in a new tab) Regulated
  • Process late-presented P45 forms from pensionersEmployer
s.061 Deduction and repayments of tax: general rule Prosecution
  • Calculate and deduct tax on employee benefits via PAYEEmployer
  • Calculate and deduct tax for payrolled benefits in kindEmployer

Unlimited fine

s.061 Modification of the general rule: cessation of employment but continuing benefit Regulated
  • Recalculate taxable benefit when employment ends but benefit continuesEmployer
  • Recalculate taxable benefit for employees leaving with continuing benefitsEmployer
s.061 Modification of the general rule: in-year adjustments: change to the benefit during the year with effect from the date of the change Regulated
  • Adjust PAYE deductions when a benefit changes mid-yearEmployer
s.061 Modification of the general rule: making good Regulated
  • Adjust final benefit payment if employee hasn’t fully paid the making‑good amountEmployer
  • Adjust payroll for unpaid 'making good' benefit amountsEmployer
s.061 Modification of the general rule: failure to make good fuel benefit Prosecution
  • Adjust employee fuel benefit payments when they fail to payEmployer
  • Adjust payroll if employees fail to pay back private fuel costsEmployer

Unlimited fine

s.061 Modification of the general rule: failure to make good benefit of credit-token Regulated
  • Add outstanding credit-token benefit to employee's pay if not made good by 1 JuneEmployer
s.061 Information to specified employees Regulated
  • Provide benefit statements to specified employeesEmployer
  • Provide employees with a year-end statement of payrolled benefitsEmployer
s.061 Subsequent procedure on issue of UK resident pensioner’s code (opens in a new tab) Regulated
  • Deduct or repay tax on pension payments using the HMRC‑issued codeEmployer
  • Use correct tax codes and adjust for prior payments for pensionersEmployer
s.062 Deductions in respect of notional payments (opens in a new tab) Regulated
  • Deduct PAYE tax from notional payments and account to HMRC for shortfallsEmployer
s.063 Repayment during unpaid leave (opens in a new tab) Regulated
  • Repay tax to employees during unpaid leaveEmployer
  • Repay tax to employees on unpaid leave and record nil paymentsEmployer
s.065 Repayment if no longer employed (opens in a new tab) Regulated
  • Provide required certificates when claiming tax repayment after leaving employmentEmployee
Other duties (1) — Crown / regulator
  • HMRC must process tax repayments for persons who have left employmentStatutory regulator
s.066 Deduction working sheets: retrospective employment income in closed tax year Regulated
  • Update or create deduction working sheets for retrospective paymentsEmployer
  • Update or create PAYE records for retrospective pay in closed tax yearsEmployer
s.066 Deductions working sheets (opens in a new tab) Regulated
  • Create and maintain PAYE deductions working sheets for employeesEmployer
  • Prepare and keep deductions working sheets for employee paymentsEmployer
s.067 Information to employees about payments and tax deducted (Form P60) (opens in a new tab) Regulated
  • Give employees a P60 by 1 June each yearEmployer
  • Provide every eligible employee with a P60 certificateEmployer
s.application of this chapter to real time informati Application of this Chapter to Real Time Information pension payers Regulated
  • Send P45/P46(Pen) to HMRC when a new pensioner startsEmployer
s.duty of employee to assist with completion of new Duty of employee to assist with completion of new employee fields in returns under regulations 67B and 67D Regulated
  • Verify new employee PAYE information before submitting first RTI returnEmployer
s.procedure if no form p45 and code not known where Procedure if no Form P45 and code not known where payment is a relevant lump sum payment Regulated
  • Deduct tax at basic rate and issue Form P45 for lump sum payments without a known codeAny Person
s.procedure where employee fails to assist with comp Procedure where employee fails to assist with completion of new employee fields in returns under regulations 67B and 67D Regulated
  • Use tax code 0T when new employee details are missing from PAYE returnsEmployer
s.procedure where no form p45 and code not known: ap Procedure where no Form P45 and code not known: application of regulations 49C to 49E Regulated
  • Follow special PAYE procedure when new employee has no P45Employer
s.revised information to employees about payments an Revised information to employees about payments and tax deducted (Form P 60) Regulated
  • Give employees a revised P60 after retrospective tax changesEmployer
s.scottish upper rate codes Scottish upper rate codes Regulated
  • Deduct PAYE tax at Scottish upper rate where code requires itEmployer
20 other sections in this Part — procedural and definitional
s.061 Interpretation
s.061 Method of calculating the cash equivalent or relevant amount in respect of the benefit of a car or van
s.application of regulations 46 to 49e: real time in Application of regulations 46 to 49E: Real Time Information employers and non-Real Time Information employers
s.authorised employer Authorised employer
s.method of calculating the cash equivalent or amoun Method of calculating the cash equivalent or amount foregone in respect of the benefit of fuel
s.method of calculating the cash equivalent or relev Method of calculating the cash equivalent or relevant amount of non-cash vouchers, credit-tokens and employment-related benefits
s.modification of the general rule: in-year adjustme Modification of the general rule: in-year adjustments: change to the benefit during the year with effect from the start of tax year and other changes
s.paye : benefits in kind PAYE : benefits in kind
s.procedure in cases of retrospective earnings: code Procedure in cases of retrospective earnings: code treated as issued by HMRC
s.procedure in regulation 54a cases: code treated as Procedure in regulation 54A cases: code treated as issued by HMRC
s.relief from income tax on paye income: information Relief from income tax on PAYE income: information about deductible expenses
Part 4

PAYMENTS, RETURNS AND INFORMATION

52 of 102 sections shown
s.067 Real time returns of information about relevant payments Regulated
  • Submit payroll information to HMRC on or before mỗi paydayEmployer
  • Submit real‑time payroll information to HMRC for each employee paymentEmployer
s.067 Employees in respect of whom employer is not required to maintain deductions working sheets Regulated
  • Provide required PAYE information within 7 days of paymentEmployer
  • Submit payroll information for exempt employees within 7 daysEmployer
s.067 Employees paid in specified circumstances Regulated
  • Provide PAYE information for specified payments within 7 daysEmployer
  • Submit PAYE information within 7 days for same-day paymentsEmployer
s.067 Modification of the requirements of regulation 67B: notional payments Regulated
  • Report notional payment information within 14 daysEmployer
  • Report notional payments via PAYEEmployer
s.067 Notifications of relevant payments to and by providers of certain electronic payment methods Regulated
  • Notify service provider of relevant electronic payments and generate referencesEmployer
  • Use specific references when paying employees via electronic methodsEmployer
s.067 Additional information about payments Regulated
  • Notify HMRC if you have no PAYE payments or are closing your schemeEmployer
  • Send required PAYE notification to HMRCEmployer
s.067 Payments to and recoveries from HMRC for each tax period by Real Time Information employers Regulated
  • Pay or recover PAYE balance with HMRC each tax periodEmployer
s.067 Payments to and recoveries from HMRC for each tax period by Real Time Information employers: returns under regulation 67E(6) Regulated
  • Pay or recover PAYE adjustment after RTI amendmentEmployer
  • Pay or recover tax adjustments for Real Time Information (RTI) returnsEmployer
s.068 Periodic payments to and recoveries from HMRC : non-Real Time Information employers (opens in a new tab) Regulated
  • Calculate and pay tax or recover overpayments (non-RTI employers)Employer
  • Pay or recover tax differences for each PAYE periodEmployer
s.069 Due date and receipts for payment of tax (opens in a new tab) Regulated
  • Pay PAYE tax to HMRC within 14 or 17 days of the tax period endEmployer
s.071 Modification of regulations 67G and 68 in case of trade dispute (opens in a new tab) Regulated
  • Adjust PAYE payments for tax withheld during trade disputesEmployer
  • Adjust PAYE when tax is withheld during a strikeEmployer
s.072 Employer’s request for a direction and appeal against refusal Regulated
  • Request HMRC to transfer tax liability from employer to employeeEmployer
  • Request PAYE direction and appeal a refusalEmployer
s.072 Employee’s appeal against a direction notice where condition A is met Regulated
  • Appeal against an HMRC direction notice regarding unpaid income taxEmployee
  • File an employee appeal against a PAYE direction noticeEmployee
s.072 Recovery from employee of tax that has been self-assessed etc. Regulated
  • Comply with HMRC direction to recover tax from employeeEmployer
Other duties (1) — Crown / regulator
  • HMRC may redirect tax liability from employer to employeeStatutory regulator
s.072 Recovery from employee of tax not deducted by employer (opens in a new tab) Regulated
  • Ensure correct PAYE deductions and cooperate with HMRC if tax is under‑deductedEmployer
Other duties (1) — Crown / regulator
  • HMRC may transfer liability for unpaid PAYE from employer to employeeStatutory regulator
s.073 Amended returns of relevant payments and tax (Forms P14 and P35(RL)) Regulated
  • Submit amended PAYE return for past year if payments increaseEmployer
  • Submit amended tax returns following retrospective changes to tax lawEmployer
s.073 Annual return of relevant payments liable to deduction of tax (Forms P35 and P14) (opens in a new tab) Regulated
  • Submit annual PAYE return (Forms P35 & P14) to HMRCEmployer
  • Submit your annual PAYE return (Forms P35 and P14)Employer
s.074 Annual return of relevant payments not liable to deduction of tax (Form P38A) (opens in a new tab) Regulated
  • Submit an annual return for certain low-paid or short-term employeesEmployer
  • Submit annual Form P38A for non‑taxable employee paymentsEmployer
s.075 Certificates under regulation 75A: excess payments Regulated
  • Offset or claim a refund for overpaid PAYE taxEmployer
  • Set off or reclaim excess PAYE tax after certificationEmployer
s.075 Additional return in case of trade dispute (opens in a new tab) Regulated
  • Send additional PAYE return after unresolved trade dispute taxEmployer
  • Submit an additional tax return following a trade disputeEmployer
s.081 Employee liability if tax unpaid after regulation 80 determination (opens in a new tab) Prosecution
  • Pay PAYE tax owed if employer fails to deductEmployee
Other duties (1) — Crown / regulator
  • HMRC may transfer unpaid PAYE liability from your business to an employeeStatutory regulator

Unlimited fine

s.084 Application for certificate Regulated
  • Apply for a UKCS continental shelf workers certificateEmployer
s.084 UKCS continental shelf workers certificate holder: obligations Regulated
  • Keep records and report PAYE for offshore continental shelf workersContractor
  • Register and maintain records for offshore workersEmployer
s.084 UKCS oil field licensee certificate Regulated
  • Obtain and maintain a UKCS oil field licence certificateEmployer
Other duties (1) — Crown / regulator
  • HMRC must issue an oil field licensee certificate upon notificationStatutory regulator
s.084 Returns by specified employment intermediaries Regulated
  • Submit quarterly PAYE returns as a specified employment intermediaryTrader
  • Submit quarterly returns for agency workers if you are an intermediaryTrader
s.084 Retention of records Regulated
  • Keep non‑PAYE records for three yearsTrader
  • Keep records of payments for off-payroll workersTrader
s.085 Employers: annual return of other earnings ( form P11D ) (opens in a new tab) Regulated
  • File annual P11D return of employee benefits and expenses to HMRCEmployer
s.086 Information employer must provide for each employee (opens in a new tab) Regulated
  • Provide employees with details of non‑cash earnings and benefitsEmployer
  • Provide HMRC with details of employee benefits and non-cash earningsEmployer
s.087 Information employer must also provide for benefits code employees (opens in a new tab) Regulated
  • Report additional benefit details for benefits code employees on P11DEmployer
s.088 Annual return of other earnings: amounts (opens in a new tab) Regulated
  • Adjust benefit and expense values on annual tax returnsEmployer
  • Include correct deductions and adjustments in annual other earnings returnEmployer
s.090 Quarterly return if a car becomes available or unavailable (Form P46 (Car)) (opens in a new tab) Regulated
  • Report company car changes to HMRC quarterly (Form P46 (Car))Employer
s.091 Termination awards: information to be provided (opens in a new tab) Regulated
  • Provide HMRC with details of large termination awardsEmployer
  • Report high-value employee termination awards to HMRCEmployer
s.092 Termination awards: return if award changes (opens in a new tab) Regulated
  • Report any change to termination awards that exceed £30,000Employer
  • Update HMRC if a termination award changes or exceeds £30,000Employer
s.093 Termination awards: return if more than one employer (opens in a new tab) Regulated
  • Lead employer must report combined termination awardsEmployer
  • Submit termination award details to HMRCEmployer
s.094 Employers: information to employees of other earnings ( Form P11D ) (opens in a new tab) Regulated
  • Provide employees with a P11D statement of benefitsEmployer
  • Provide P11D benefit statements to employees by 7 JulyEmployer
s.095 Third parties: information to employees of other earnings (opens in a new tab) Regulated
  • Provide employees with a statement of third-party benefitsTrader
  • Provide statements to employees about unrelated payments or benefitsTrader
s.096 Termination awards: information to employees (opens in a new tab) Regulated
  • Provide employees with copies of termination award informationEmployer
s.097 Time limits for issue of transfer notices Regulated
  • Serve PAYE transfer notices on timeEmployer
Other duties (1) — Crown / regulator
  • HMRC must issue tax debt transfer notices within strict time limitsStatutory regulator
s.097 Contents of transfer notice Regulated
  • Review and action any HMRC Transfer Notices for unpaid taxAny Person
Other duties (1) — Crown / regulator
  • HMRC must provide specific details in a debt transfer noticeStatutory regulator
s.097 Payment of the specified amount Regulated
  • Pay tax debts and interest following a transfer noticeAny Person
  • Pay the specified amount to HMRC within 30 daysAny Person
s.097 Repayment of surplus amounts Regulated
  • Claim repayment for overpaid PAYE or Apprenticeship LevyEmployer
Other duties (1) — Crown / regulator
  • HMRC must repay overpaid PAYE or Apprenticeship Levy debtStatutory regulator
s.097 Recovery of PAYE debt Regulated
  • Review and respond to HMRC PAYE debt recovery noticesEmployer
Other duties (1) — Crown / regulator
  • HMRC must issue a recovery notice before collecting PAYE debtsStatutory regulator
s.097 Contents of recovery notice Regulated
  • Respond to HMRC recovery notices for unpaid PAYE debtAny Person
Other duties (1) — Crown / regulator
  • HMRC must provide specific details when issuing a PAYE debt recovery noticeStatutory regulator
s.097 Payment of deemed employer PAYE debt and interest Regulated
  • Pay any deemed employer PAYE debt (and interest) within 30 daysEmployer
  • Pay deemed employer PAYE debt and interestResponsible Person
s.097 Withdrawal of recovery notices Regulated
  • Monitor for withdrawal of tax recovery noticesAny Person
Other duties (1) — Crown / regulator
  • HMRC must notify you if a recovery notice is withdrawnStatutory regulator
s.097 Liability of directors for relevant PAYE debts Regulated
  • Directors may be held personally liable for unpaid company PAYEDirector or Officer
  • Pay outstanding PAYE tax if you’re a directorDirector or Officer
s.097 Withdrawal of personal liability notices Regulated
Other duties (1) — Crown / regulator
  • HMRC must notify you if a personal liability notice is withdrawnStatutory regulator
s.097 Appeals in relation to personal liability notices Regulated
  • Appeal a personal liability notice for company PAYE debtAny Person
  • Appeal personal liability notice within 30 daysDirector or Officer
s.097 Retention by employer of PAYE records (opens in a new tab) Regulated
  • Keep PAYE records for at least 3 years after the tax year endsEmployer
s.exceptions to regulation 67b Exceptions to regulation 67B Regulated
  • Submit quarterly PAYE returns if exempt from RTI electronic reportingEmployer
s.failure to make a return under regulation 67b or 6 Failure to make a return under regulation 67B or 67D Regulated
  • Submit outstanding PAYE return information if you miss a filingEmployer
s.returns under regulations 67b and 67d: amendments Returns under regulations 67B and 67D: amendments Regulated
  • Correct inaccuracies in PAYE real-time returnsEmployer
50 other sections in this Part — procedural and definitional
s.072 Employee’s appeal against a direction notice where condition B is met
s.097 Appeals
s.097 Appeals
s.097 Application of Part 6 of TMA
s.097 Appeals in relation to personal liability notices
s.097 Repayment of surplus amounts
s.097 Liability of directors for relevant PAYE debts
s.097 Withdrawal of personal liability notices
s.097 Recovery of sums due under personal liability notice: application of Part 6 of TMA
s.097 Repayment of surplus amounts
s.appeal against a direction notice Appeal against a direction notice
s.appeals: supplementary provisions Appeals: supplementary provisions
s.application of part 6 of tma Application of Part 6 of TMA
s.application of regulation 72gb Application of Regulation 72GB
s.application of regulations 73 to 75 Application of regulations 73 to 75
s.circumstances in which payment of a lesser amount Circumstances in which payment of a lesser amount is to be treated as payment in full for the purposes of paragraph 6(2) of Schedule 56 to the Finance Act 2009
s.conditions where regulation 72f applies Conditions where regulation 72F applies
s.employee’s appeal against a direction notice Employee’s appeal against a direction notice
s.employee’s appeal against direction notice Employee’s appeal against direction notice
s.employees paid advance payments Employees paid advance payments
s.interpretation of chapter 3a Interpretation of Chapter 3A
s.interpretation of chapter 3b: general Interpretation of Chapter 3B: general
s.interpretation of chapter 3b: “relevant paye debt” Interpretation of Chapter 3B: “relevant PAYE debt” and “relevant date”
s.interpretation of chapter 4 Interpretation of Chapter 4
s.interpretation of regulations 84a to 114c Interpretation of regulations 84A to 114C
s.penalty: failure to comply with regulation 67b or Penalty: failure to comply with regulation 67B or 67D
s.penalty: first failure to deliver a return in a ta Penalty: first failure to deliver a return in a tax year
s.penalty: initial period Penalty: initial period
s.power of hmrc to issue a notice and certificate in Power of HMRC to issue a notice and certificate in cases where regulation 67B or 67D returns are not made, etc
s.procedure on appeals Procedure on appeals
s.recovery from relevant persons Recovery from relevant persons
s.recovery of sums due under personal liability noti Recovery of sums due under personal liability notice: application of Part 6 of TMA
s.recovery of taxes Recovery of taxes
s.regulations 67ba and 67bb: supplementary Regulations 67BA and 67BB: supplementary
s.relevant paye and apprenticeship levy debts of man Relevant PAYE and apprenticeship levy debts of managed service companies
s.specified employment intermediaries Specified employment intermediaries
s.specified information Specified information
s.the relevant period The relevant period
s.transfer of debt of managed service company Transfer of debt of managed service company
s.withdrawal of transfer notices Withdrawal of transfer notices
Part 4

Security for payment of PAYE

4 of 12 sections shown
s.097 Notice of requirement Regulated
  • Provide security as specified by HMRC noticeAny Person
Other duties (1) — Crown / regulator
  • HMRC must issue a formal notice when requiring tax securityStatutory regulator
s.097 Application for reduction in the value of security held Regulated
  • Apply for a reduction in HMRC tax securityEmployer
  • Apply for a reduction in tax security held by HMRCAny Person
s.097 Outcome of application for reduction in the value of security held Regulated
  • Adjust security payments following a successful reduction applicationEmployer
Other duties (1) — Crown / regulator
  • HMRC must notify you of the outcome of a security reduction applicationStatutory regulator
s.097 Offence Prosecution
  • Failure to provide security for PAYE to HMRCEmployer

Unlimited fine

8 other sections in this Part — procedural and definitional
s.097 Outcome of application for reduction in the value of security held: further provision
s.appeals Appeals
s.appeals: further provision for cases which fall wi Appeals: further provision for cases which fall within regulation 97R(2)
s.date on which security is due Date on which security is due
s.employers Employers
s.interpretation Interpretation
s.persons from whom security can be required Persons from whom security can be required
s.requirement for security Requirement for security
Part 5

EMPLOYERS

5 of 7 sections shown
s.098 Multiple PAYE schemes (opens in a new tab) Regulated
  • Allocate new employees to a PAYE group when running multiple schemesEmployer
s.100 Tips: special arrangements (opens in a new tab) Regulated
  • Notify HMRC about tip-sharing arrangements by third partiesDirector or Officer
s.101 Death of employer (opens in a new tab) Prosecution
  • Ensure PAYE duties are fulfilled after an employer’s deathEmployer
  • Continue PAYE obligations following the death of an employerEmployer

Unlimited fine

s.102 Succession to a business etc (opens in a new tab) Regulated
  • Take over PAYE obligations when you succeed to a businessEmployer
s.104 Succession to a business: trade disputes (opens in a new tab) Regulated
  • Pay and recover PAYE tax when succeeding a business with an ongoing trade disputeEmployer
  • Settle tax reporting and repayments when taking over a business during a strikeEmployer
2 other sections in this Part — procedural and definitional
Part 6

PAYE SETTLEMENT AGREEMENTS

6 of 13 sections shown
s.108 Calculation of tax payable under PSA (opens in a new tab) Regulated
  • Calculate and report tax due under a PAYE Settlement Agreement (PSA)Employer
  • Calculate annual PAYE Settlement Agreement taxEmployer
s.109 Payment of tax and recovery proceedings (opens in a new tab) Regulated
  • Pay aggregate PAYE Settlement Agreement amount to HMRCEmployer
  • Pay tax due under a PAYE Settlement Agreement (PSA)Employer
s.111 Form of PSA (opens in a new tab) Regulated
  • Create and retain a signed written PAYE Settlement AgreementEmployer
  • Ensure your PSA is in writing and signed by you and HMRCEmployer
s.115 Interest on unpaid tax (opens in a new tab) Regulated
  • Pay interest on any PAYE tax that is paid lateEmployer
  • Pay interest on late PAYE tax paymentsEmployer
s.116 Interest on overpaid tax (opens in a new tab) Regulated
  • Record interest on overpaid PAYE taxEmployer
Other duties (1) — Crown / regulator
  • HMRC must pay interest on overpaid PSA taxStatutory regulator
s.117 Retention of PSA records (opens in a new tab) Regulated
  • Keep PAYE Settlement Agreement records for 3 yearsEmployer
  • Keep records of PAYE Settlement Agreements (PSAs) for 3 yearsEmployer
7 other sections in this Part — procedural and definitional
Part 7

SPECIAL CASES

20 of 39 sections shown
s.119 Councillor’s option to have tax deducted at basic rate (opens in a new tab) Regulated
  • Apply basic rate tax to councillor allowances upon HMRC noticeEmployer
Other duties (1) — Crown / regulator
  • Duct income tax at the basic rate for councillors upon noticeLocal authority
s.120 Particulars that local council must record (opens in a new tab) Regulated
  • Record councillor allowance payments and tax detailsEmployer
Other duties (1) — Crown / regulator
  • Local councils must record tax details for councillors on the basic rate optionLocal authority
s.124 Deduction of tax (opens in a new tab) Regulated
  • Deduct basic‑rate tax from reserve payEmployer
Other duties (1) — Crown / regulator
  • Ministry of Defence must deduct basic rate tax from reservists' payCrown / Minister / Government department
s.125 Determination by Inland Revenue (opens in a new tab) Regulated
  • Do not deduct PAYE tax from reserve pay unless HMRC says it is dueEmployer
Other duties (1) — Crown / regulator
  • HMRC may stop tax deductions from reservist payStatutory regulator
s.126 Objection against deduction of tax (opens in a new tab) Regulated
  • State grounds when objecting to basic rate tax deductionsEmployee
  • Manage objections to basic rate tax deductions for reservistsEmployee
s.127 Appeal to the tribunal (opens in a new tab) Regulated
  • Submit a tax deduction appeal to the tribunalEmployer
Other duties (1) — Crown / regulator
  • Tribunal must decide if basic rate tax applies to reserve pay appealsTribunal / Court
s.128 Amended determinations (opens in a new tab) Regulated
  • Respond to amended tax determinations for reservist employeesEmployer
Other duties (1) — Crown / regulator
  • HMRC must update reservist tax determinations when circumstances changeStatutory regulator
s.129 Certificate of tax deducted (opens in a new tab) Regulated
  • Provide tax deduction certificates to reservistsEmployer
Other duties (1) — Crown / regulator
  • Ministry of Defence must provide tax deduction certificates to reservistsCrown / Minister / Government department
s.130 Repayment to reservist during tax year (opens in a new tab) Regulated
  • Provide certificates of tax deducted for reserve payEmployer
Other duties (1) — Crown / regulator
  • HMRC may repay tax deducted from reserve pay during the tax yearStatutory regulator
s.131 Particulars that Ministry must record (opens in a new tab) Regulated
  • Maintain records of tax deductions for military reservistsEmployer
Other duties (1) — Crown / regulator
  • Ministry of Defence must record PAYE particulars for reservistsCrown / Minister / Government department
s.132 End of year certificate (opens in a new tab) Regulated
  • Provide end of year tax certificates to military reservistsEmployer
Other duties (1) — Crown / regulator
  • Ministry of Defence must provide reservists with an end of year tax certificateCrown / Minister / Government department
s.133 Determination of Rate of Deduction Regulated
  • Deduct income tax from lump‑sum payments at the correct rateEmployer
Other duties (1) — Crown / regulator
  • HMRC must determine the tax rate for lump sum paymentsCrown / Minister / Government department
s.133 Notification by Recipient of Notice of Tax Rate Regulated
  • Notify HMRC of tax rate for any lump‑sum paymentEmployer
  • Notify HMRC of the preferred tax rate for lump sum paymentsAny Person
s.133 Certificate of tax deducted Regulated
  • Provide a tax deducted certificate to recipients of lump sum paymentsEmployer
Other duties (1) — Crown / regulator
  • HMRC must provide a certificate of tax deducted upon requestStatutory regulator
s.133 Records and notices Regulated
  • Record and report all lump‑sum PAYE paymentsEmployer
Other duties (1) — Crown / regulator
  • Government department must record and notify HMRC of lump sum tax paymentsCrown / Minister / Government department
s.136 Deduction of tax (opens in a new tab) Regulated
  • Deduct basic rate tax from holiday pay fund paymentsTrader
  • Deduct tax from holiday payEmployer
s.137 Certificate of tax deducted (opens in a new tab) Regulated
  • Give a tax certificate for holiday payEmployer
  • Provide a certificate of tax deducted for holiday payTrader
s.138 Repayment to recipient during tax year (opens in a new tab) Regulated
  • Do not repay tax deducted from holiday payEmployer
Other duties (1) — Crown / regulator
  • HMRC may repay tax deducted from holiday pay during the tax yearStatutory regulator
s.139 Particulars that fund must record (opens in a new tab) Regulated
  • Keep detailed records of holiday pay paymentsEmployer
  • Record details of each holiday pay paymentEmployer
s.143 Direct collection: employee to keep records (opens in a new tab) Regulated
  • Keep records of payments and tax under direct collectionEmployee
  • Maintain a deductions working sheet for each relevant paymentEmployee
19 other sections in this Part — procedural and definitional
s.147 Circumstances in which payment of a lesser amount is to be treated as payment in full for the purposes of paragraph 6(2) of Schedule 56 to the Finance Act 2009
s.application of other parts Application of other Parts
s.interpretation of chapter 2a Interpretation of Chapter 2A
s.other paye income of recipient Other PAYE income of recipient
s.repayment to recipient during tax year Repayment to recipient during tax year
Part 7

Apprenticeship Levy

8 of 13 sections shown
s.147 Due date for payment of apprenticeship levy Regulated
  • Pay apprenticeship levy by the correct deadlineEmployer
  • Pay your apprenticeship levy by the monthly deadlineAny Person
s.147 Duty to report amount of apprenticeship levy to be paid Regulated
  • Report and pay the apprenticeship levy via PAYEEmployer
  • Report apprenticeship levy liability to HMRCEmployer
s.147 Apportionment of levy allowance between employer’s PAYE references: members of a company unit or charities unit Regulated
  • Divide and notify HMRC of apprenticeship levy allowance apportionmentTrader
  • Elect and notify levy allowance split across PAYE referencesEmployer
s.147 Calculation of monthly apprenticeship levy for the first month of the tax year Regulated
  • Calculate and pay apprenticeship levy for the first month of the tax yearEmployer
s.147 Calculation of monthly apprenticeship levy for subsequent months of the tax year Regulated
  • Calculate and pay the apprenticeship levy each monthEmployer
  • Calculate monthly apprenticeship levy paymentsAny Person
s.147 Recovery of overpaid apprenticeship levy by an employer Regulated
  • Offset overpaid apprenticeship levy against other tax debtsAny Person
  • Set off overpaid apprenticeship levy before claiming a refundEmployer
s.147 Liability to pay and duty to make a return of apprenticeship levy: Continental shelf workers certificate holders Regulated
  • Pay and report Apprenticeship Levy for continental shelf workersEmployer
  • Pay and report apprenticeship levy for UKCS certificate holdersEmployer
s.147 Retention by employer of apprenticeship levy records Regulated
  • Keep and preserve apprenticeship levy records for three yearsEmployer
  • Retain apprenticeship levy records for three yearsEmployer
5 other sections in this Part — procedural and definitional
s.147 Apportionment of levy allowance between employer’s PAYE references
s.assessment of unpaid apprenticeship levy Assessment of unpaid apprenticeship levy
s.calculation of monthly levy allowance Calculation of monthly levy allowance
s.interpretation of part 7a Interpretation of Part 7A
s.recovery of overpayment of apprenticeship levy by Recovery of overpayment of apprenticeship levy by HMRC
Part 8

SOCIAL SECURITY BENEFITS

41 of 56 sections shown
s.151 Obtaining the claimant’s Form P45 (opens in a new tab) Regulated
  • HMRC may require you to provide a former employee's P45 for a JSA claimEmployer
  • Provide employee’s Form P45 parts to HMRC when requestedEmployer
s.152 Deductions working sheet for claimants awarded taxable jobseeker’s allowance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government department must create tax record for Jobseeker’s Allowance claimantsCrown / Minister / Government department
s.153 Form P45: deductions working sheet and return (opens in a new tab) Regulated
  • Record and report tax information from a new employee's P45Employer
Other duties (1) — Crown / regulator
  • HMRC must record and apply P45 details for Jobseeker's Allowance claimantsStatutory regulator
s.154 No Form P45: deductions working sheet and return (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must set up tax records for jobseekers without a P45Statutory regulator
s.155 Claimant’s code etc to be used for calculations (opens in a new tab) Regulated
  • Use updated tax codes and totals for PAYE calculationsEmployer
Other duties (1) — Crown / regulator
  • HMRC must update and use claimant tax codes for benefit calculationsCrown / Minister / Government department
s.156 Recording the amount of taxable jobseeker’s allowance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must record taxable jobseeker’s allowance paymentsCrown / Minister / Government department
s.157 Obligations at end of tax year (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DWP must report and certify Jobseeker's Allowance details at tax year endCrown / Minister / Government department
s.158 When an award ceases (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must calculate tax when a Jobseeker’s Allowance award endsCrown / Minister / Government department
s.159 Cessation of award: Form P45U (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must issue Form P45U when taxable jobseeker’s allowance endsCrown / Minister / Government department
s.160 Notification of taxable jobseeker’s allowance adjustment (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC and DWP must notify individuals and tax offices of benefit adjustmentsCrown / Minister / Government department
s.161 Tax calculation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must calculate tax and issue refunds or code adjustments for claimantsStatutory regulator
s.163 Death of claimant (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must notify HMRC and representatives if a claimant diesCrown / Minister / Government department
s.164 Finance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must fund and report on income tax repaymentsStatutory regulator
s.166 Jobseeker’s allowance paid directly to claimant (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DWP must pay Jobseeker’s Allowance without tax deductionsCrown / Minister / Government department
s.167 Jobseeker’s allowance paid by employer (opens in a new tab) Regulated
  • Calculate taxable jobseeker's allowance when paying JSA on behalf of the DepartmentEmployer
s.170 Information to be supplied at end of tax year (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must report Jobseeker’s Allowance totals to HMRC and claimantsCrown / Minister / Government department
s.171 Information to be supplied when an award of taxable jobseeker’s allowance ceases (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must notify claimants when Jobseeker’s Allowance ceasesCrown / Minister / Government department
s.172 Adjustments of taxable jobseeker’s allowance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must notify claimants and the Inland Revenue of JSA tax adjustmentsStatutory regulator
s.175 Emergency IB code to be used before claimant’s code issued (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must use emergency tax codes for initial incapacity benefit paymentsCrown / Minister / Government department
s.176 Return in respect of all claimants to taxable incapacity benefit (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must report new incapacity benefit claims to HMRCCrown / Minister / Government department
s.177 Further return required in certain cases (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DWP must submit updated tax returns for incapacity benefit changesCrown / Minister / Government department
s.178 Delivery of Form P45 to Department (opens in a new tab) Regulated
  • Submit Form P45 (Parts 2 and 3) when claiming taxable benefitsApplicant
s.180 Death of claimant (opens in a new tab) Regulated
  • Report employee death via Form P45 to HMRCEmployer
Other duties (1) — Crown / regulator
  • HMRC must process P45 and tax adjustments on the death of a claimantStatutory regulator
s.182 Recording the amount of taxable income support (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must record and pay income support without tax deductionsCrown / Minister / Government department
s.183 Information to be supplied when an award of taxable income support ceases (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must notify HMRC and claimants when income support stopsCrown / Minister / Government department
s.184 Obtaining the claimant’s Form P45 Regulated
  • HMRC may require you to provide a claimant's Form P45Employer
  • Provide employee’s Form P45 (Parts 2 & 3) to HMRC on requestEmployer
s.184 Deductions working sheet for claimants awarded taxable employment and support allowance Regulated
Other duties (1) — Crown / regulator
  • DWP must prepare tax records for ESA claimantsCrown / Minister / Government department
s.184 Form P45: deductions working sheet and return Regulated
  • Update payroll records for new employees using Form P45Employer
  • Record and report P45 details for new employeesEmployer
s.184 No Form P45: deductions working sheet and return Regulated
Other duties (1) — Crown / regulator
  • HMRC must prepare a deductions working sheet for claimants without a P45Statutory regulator
s.184 Return in respect of all claimants to taxable employment and support allowance Regulated
Other duties (1) — Crown / regulator
  • DWP must report new taxable Employment and Support Allowance claims to HMRCCrown / Minister / Government department
s.184 Further return required in certain cases Regulated
Other duties (1) — Crown / regulator
  • Government must update tax returns when benefit rates changeCrown / Minister / Government department
s.184 Obligations at the end of the year Regulated
Other duties (1) — Crown / regulator
  • HMRC must issue annual tax certificates for Employment and Support AllowanceCrown / Minister / Government department
s.184 Annual return Regulated
  • File annual PAYE return to HMRCEmployer
Other duties (1) — Crown / regulator
  • Government department must submit annual return for taxable support allowanceCrown / Minister / Government department
s.184 When an award ceases Regulated
Other duties (1) — Crown / regulator
  • The Department must calculate tax when employment and support allowance endsCrown / Minister / Government department
s.184 Death of claimant Regulated
Other duties (1) — Crown / regulator
  • Government department must report a claimant's death to HMRCCrown / Minister / Government department
s.184 Tax calculation Regulated
Other duties (1) — Crown / regulator
  • HMRC must calculate and settle tax differences for claimantsStatutory regulator
s.184 Claimant’s code etc to be used for calculations Regulated
  • Use updated tax codes and payment history for payroll calculationsEmployer
Other duties (1) — Crown / regulator
  • DWP must update and use HMRC tax codes for benefit claimantsCrown / Minister / Government department
s.184 Notification of taxable employment and support allowance Regulated
Other duties (1) — Crown / regulator
  • HMRC and claimant must be notified of adjusted benefit paymentsCrown / Minister / Government department
s.184 Recording the amount of taxable employment and support allowance Regulated
Other duties (1) — Crown / regulator
  • Government must record taxable Employment and Support Allowance paymentsCrown / Minister / Government department
s.184 Finance Regulated
Other duties (1) — Crown / regulator
  • HMRC and the National Funds must coordinate tax repayment financingStatutory regulator
s.184 Adjustments of taxable income support (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must notify you and the Inland Revenue of income support adjustmentsStatutory regulator
15 other sections in this Part — procedural and definitional
s.application of other regulations Application of other regulations
s.cessation of award: form p45esa Cessation of award: Form P45ESA
s.interpretation of chapter 5 Interpretation of Chapter 5
s.no tax calculation required in certain cases No tax calculation required in certain cases
Part 9

ASSESSMENT AND SELF-ASSESSMENT

2 of 4 sections shown
s.186 Recovery: adjustment of employee’s code (opens in a new tab) Regulated
  • Adjust employee tax codes if PAYE differs from self‑assessmentEmployer
Other duties (1) — Crown / regulator
  • HMRC may collect small tax debts by adjusting your tax codeStatutory regulator
s.187 Repayment: adjustment of employee’s code (opens in a new tab) Regulated
  • Update employee PAYE codes for the next tax yearEmployer
Other duties (1) — Crown / regulator
  • HMRC may adjust your tax code to repay overpaid taxStatutory regulator
2 other sections in this Part — procedural and definitional
Part 10

PART 10

5 of 38 sections shown
s.209 Standards of accuracy and completeness (opens in a new tab) Regulated
  • Ensure electronic payroll filings are accurate and completeEmployer
  • Submit accurate and complete electronic information to HMRCEmployer
s.210 Penalty: form P45 (Part 1 or Part 3), P46 or P46 (Pen); tax years ending 5th April 2012 and 5th April 2013 Prosecution
  • Ensure all P45 and P46 information is submitted to HMRCEmployer
  • Submit required PAYE forms (P45, P46) on timeEmployer

Fine up to £3,000

s.211 How information must or may be delivered by employers (opens in a new tab) Regulated
  • Provide required PAYE information using approved forms and methodsEmployer
  • Submit payroll and employment information in the correct formatEmployer
s.213 How information may be delivered by Inland Revenue (opens in a new tab) Regulated
  • Give HMRC consent to receive electronic informationEmployer
Other duties (1) — Crown / regulator
  • HMRC may send tax codes and notices electronically with your consentStatutory regulator
s.214 How information must be provided by employees (opens in a new tab) Regulated
  • Provide required tax information using approved formsEmployee
  • Use approved forms and formats when providing payroll informationEmployee
33 other sections in this Part — procedural and definitional
s.appeals and interest Appeals and interest
s.application of chapter 4 to real time returns of i Application of Chapter 4 to real time returns of information about relevant payments of tax and associated matters
s.general provisions relating to this chapter General provisions relating to this Chapter
s.large employers Large employers
s.mandatory use of electronic communication for deli Mandatory use of electronic communication for delivering specified information
s.penalty: form p45 (part 1 or part 3), p46 or p46(p Penalty: form P45 (Part 1 or Part 3), P46 or P46(Pen); tax years ending 5th April 2014 and subsequent years
s.penalty: forms p35 and p14 Penalty: forms P35 and P14
s.penalty: relevant annual return for the tax year e Penalty: relevant annual return for the tax year ending 5th April 2010
s.relevant annual return Relevant annual return
Part 11

PART 11

0 of 4 sections shown
Schedules

Schedules

12 of 85 shown
s.sch001 FPCS information for the tax year ending 5th April 2002: employees not covered by regulation 46(1) of 1993 Regulations Regulated
  • Provide FPCS car allowance statement to former employees on requestEmployer
s.schedule a1 para.14 If the number used by the employer to identify the... Regulated
  • Report changes to employee identifier numbers on PAYE returnsEmployer
s.schedule a1 para.14a If applicable, an indication that the payment to which the... Regulated
  • Indicate payments to certain non-employee entities on returnsEmployer
s.schedule a1 para.22a If applicable, an indication that comprised within the payment is—... Regulated
  • Include pension and lump sum details in PAYE payment submissionsAny Person
s.schedule a1 para.22b (1) If applicable, an indication that comprised within the payment... Regulated
  • Report detailed car benefit information in your PAYE returnEmployer
s.schedule a1 para.22d If applicable, an indication that comprised within the payment is... Regulated
  • Include lump sum indication and amount in PAYE returnsEmployer
s.schedule a1 para.22e If applicable, an indication that the payment to which the... Regulated
  • Indicate IR35-related payments on PAYE returnsEmployer
s.schedule a1 para.27 If the employer is required by regulation 67CA(1)(a) (notifications of... Regulated
  • Include non-taxable amounts in PAYE return for certain electronic paymentsEmployer
s.schedule a1 para.34a If applicable, an indication that during the period since the... Regulated
  • Indicate trade disputes or unpaid absences in PAYE returnsEmployer
s.schedule a1 para.46 If applicable, an indication that the payment to which the... Regulated
  • Indicate post-cessation payments in your PAYE returnEmployer
s.schedule a1 para.6 If applicable, an indication that this is the final return... Regulated
  • Mark final PAYE return for the tax yearEmployer
s.schedule a1 para.8 Information about the employee Regulated
  • Include employee's name, address and PAYE reference in payroll returnEmployer
73 other schedules
s.sch001 Continuity of the law
s.sch001 These Regulations have effect in relation to tax liable, under...
s.sch001 Paragraph 10 is without prejudice to the generality of paragraphs...
s.sch001 Paragraphs 1 to 11 have effect instead of paragraph (b)...
s.sch001 General saving for old savings
s.sch001 Interpretation
s.sch001 Modification of reference to payment to the Inland Revenue in regulation 68(2)
s.sch001 FPCS information for the tax year ending 5th April 2002: employees covered by regulation 46(1) of 1993 Regulations
s.sch001 Due date for payments of tax in respect of tax periods ending before 6th April 2004
s.sch001 Interest on unpaid tax: disapplication of regulation 82 for tax years before the tax year ending 5th April 1993
s.sch001 Paragraph 1 does not apply to any change in the...
s.sch001 Interest on unpaid tax: provisions applying to tax years before the tax year ending 5th April 1993
s.sch001 Interest on tax overdue: application of regulation 82 to tax years from 1992-93 to 2003-04
s.sch001 Interest on overpaid tax: disapplication of regulation 83 for tax years before the tax year ending 5th April 1997
s.sch001 Interest on overpaid tax: provisions applying to tax years from 1992-93 to 1995-96
s.sch001 Overpayments and underpayments of tax: tax years before the tax year ending 5th April 1997
s.sch001 Overpayments and underpayments of tax: tax years before the tax year ending 5th April 2002
s.sch001 Attribution of repayments: tax years before the tax year ending 5th April 1997
s.sch001 Certificate that sum due: certificate of the collector
s.sch001 Interpretation
s.sch001 Anything which— (a) has been done, or has effect as...
s.sch001 Any reference (express or implied) in these Regulations or any...
s.sch001 Any reference (express or implied) in these Regulations to relevant...
s.sch001 Any reference (express or implied) in these Regulations to—
s.sch001 Any reference (express or implied) in these Regulations to general...
s.sch001 Paragraphs 4, 5, 6 and 7 apply only in so...
s.sch001 Paragraph 5 is without prejudice to the generality of paragraph...
s.schedule a1 para.1 The information specified in this Schedule is as follows.
s.schedule a1 para.10 The employee’s current gender.
s.schedule a1 para.11 If known, the employee’s national insurance number.
s.schedule a1 para.12 If the employee’s national insurance is not known, the employee’s...
s.schedule a1 para.13 The number used by the employer to identify the employee...
s.schedule a1 para.14b Where the return relates to a payment within paragraph 14A,...
s.schedule a1 para.15 Information about payments to the employee, etc
s.schedule a1 para.16 The total payments to date in this employment.
s.schedule a1 para.16a The value of any relevant payments to date in this...
s.schedule a1 para.17 The total net tax deducted in relation to the total...
s.schedule a1 para.18 The employee’s pay frequency or an indication that payments are...
s.schedule a1 para.19 The date of the payment the return relates to.
s.schedule a1 para.2 Information about the employer
s.schedule a1 para.20 The tax week number or tax month number in which...
s.schedule a1 para.21 An indication of which of the following bands the number...
s.schedule a1 para.22 The value of the payment the return relates to.
s.schedule a1 para.22c (1) If applicable, an indication that comprised within the payment...
s.schedule a1 para.23 The tax code operated on the payment the return relates...
s.schedule a1 para.24 If applicable, an indication that the employee’s tax code is...
s.schedule a1 para.25 The total net tax deducted from the payment the return...
s.schedule a1 para.26 The value of any amount comprised within the payment made...
s.schedule a1 para.26a The value of the amounts referred to in paragraph 26...
s.schedule a1 para.28 If the employer is required by regulation 67CA(1)(a) to include...
s.schedule a1 para.29 The value of the payment after allowable pension contributions within...
s.schedule a1 para.3 The employer’s PAYE reference.
s.schedule a1 para.30 The value, if any, of allowable pension contributions within the...
s.schedule a1 para.30a The value of the contributions referred to in paragraph 30...
s.schedule a1 para.31 The value, if any, of employee pension contributions other than...
s.schedule a1 para.31a The value of the contributions referred to in paragraph 31...
s.schedule a1 para.32 The value of any earnings for the purposes of the...
s.schedule a1 para.33 In paragraphs 15 to 31, “payment” means the relevant payment...
s.schedule a1 para.34 In paragraph 32, “total payment” means the relevant payment the...
s.schedule a1 para.35 Information on the commencement of employment
s.schedule a1 para.36 The date on which the employment commenced or will commence....
s.schedule a1 para.37 The employee’s address.
s.schedule a1 para.38 If known, the employee’s passport number.
s.schedule a1 para.39 An indication of which of the statements in paragraph 41...
s.schedule a1 para.4 The employer’s accounts office reference.
s.schedule a1 para.40 If the employee is a seconded expatriate, the information required...
s.schedule a1 para.41 The statements in this paragraph are— (a) the employment is...
s.schedule a1 para.42 An indication of whether the employee is a seconded expatriate...
s.schedule a1 para.43 The statements in this paragraph are— (a) the employee intends...
s.schedule a1 para.45 Information on the cessation of employment
s.schedule a1 para.5 If applicable, an indication that this is the final return...
s.schedule a1 para.9 The employee’s date of birth.
3 other provisions
s.part001 Part 1
s.real time returns Real time returns

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.