The Income Tax (Pay As You Earn) Regulations 2003

[F1Conditions where regulation 72F appliesU.K.

72E.—(1) Regulation 72F applies where—

(a)[F2one or more employees have] received a relevant payment;

(b)it appears to HMRC that an amount intended to represent tax on the payment—

[F3(i)is likely to have been self-assessed by one or more of the employees, or]

(ii)has not been self-assessed, but has been paid under section 59A TMA (payments on account of income tax), section 559A of ICTA (treatment of sums deducted under s.559 (sub-contractors)) or section 62 of the Finance Act 2004 (treatment of sums deducted (sub-contractors));

(c)any of conditions A, B and C is met;

(d)a trigger event has occurred; and

(e)a trigger event did not occur before 6th April 2008.

(2) Condition A is that it appears to HMRC that the amount which the employer was liable to deduct—

(a)from the relevant payment; or

(b)in the case of a notional payment, from other relevant payments,

exceeds the amount actually deducted.

(3) Condition B is that it appears to HMRC that the amount for which the employer was required to account under regulation 62(5) (notional payments) in respect of the relevant payment exceeds the amount actually accounted for.

(4) Condition C is that—

(a)tax on the relevant payment was included in a determination under regulation 80 (determination of unpaid tax and appeal against determination); and

(b)the full amount of the determination is not paid within 30 days from the date on which the determination became final and conclusive.

(5) The following are trigger events—

(a)HMRC serve notice of a determination under regulation 80 that includes tax on the relevant payment;

(b)HMRC receive a return under section 8 of TMA (personal return) which includes a self-assessment which includes tax on the relevant payment as tax treated as deducted;

(c)HMRC receive—

(i)an amended return under section 9ZA of TMA (amendment of personal or trustee return by taxpayer), or

(ii)a claim under section 33 of TMA (error or mistake),

which includes tax on the relevant payment as tax treated as deducted;

(d)HMRC receive a letter of offer.

(6) In paragraph (5)—

“letter of offer” means an offer in writing by the employer to agree an amount in settlement of the employer’s liability to pay an amount that includes tax on the relevant payment;

“tax treated as deducted” has the meaning given by regulation 185(6).

(7) For the purposes of this regulation tax is self-assessed if—

(a)it is included in a return under section 8 of TMA which includes a self-assessment; and

(b)ignoring any relevant credit, the tax is or would be assessed as payable by way of income tax.

(8) In paragraph (7), “relevant credit” means—

(a)a payment made under section 59A of TMA (payments on account of income tax) or 59B (payment of income tax and capital gains tax); or

(b)tax deducted at source or tax treated as deducted (within the meaning given by regulation 185(6)).]