The Income Tax (Pay As You Earn) (Amendment No. 3) Regulations 2014

Citation, commencement, effect and interpretation

1.—(1) These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment No. 3) Regulations 2014 and come into force on 6th October 2014.

(2) Regulation 2 has effect in relation to a failure to deliver a return to Her Majesty’s Revenue and Customs in relation to relevant payments made—

(a)on or after 6th October 2014, where the employer is a large existing Real Time Information employer; and

(b)on or after 6th March 2015 where—

(i)the employer is a small existing Real Time Information employer; or

(ii)a person becomes a new Real Time Information employer after 6th October 2014.

(3) In this regulation—

“large existing Real Time Information employer” means a Real Time Information employer which as at 6th October 2014 employs at least 50 employees;

“new Real Time Information employer” means a Real Time Information employer to which HMRC issues an employer’s PAYE reference after 6th October 2014;

“Real Time Information employer” means a person who is within regulation 2A (real time information employers) of the Income Tax (Pay As You Earn) Regulations 2003(1) or who is treated by regulation 10 (application to agencies and agency workers), regulation 11 (application to pension payers and pensioners) or regulation 12 (application to other payers and payees)(2) as an employer for the purposes of those Regulations;

“relevant payments” has the meaning given by regulation 4 of the Income Tax (Pay As You Earn) Regulations 2003 (relevant payments);

“small existing Real Time Information employer” means a Real Time Information employer which as at 6th October 2014 employs no more than 49 employees.

(4) For the purposes of paragraph (3) “employer’s PAYE reference” in relation to a Real Time Information employer means the combination of letters, numbers, or both, used by HMRC to identify a Real Time Information employer for the purposes of the Income Tax (Pay As You Earn) Regulations 2003 and the number which identifies that employer’s HMRC office.