- Latest available (Revised)
- Original (As made)
The Income Tax (Pay As You Earn) Regulations 2003
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Income Tax (Pay As You Earn) Regulations 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 67BD inserted by S.I. 2024/305 reg. 2(2)
- reg. 72GA-72GC inserted by S.I. 2024/355 reg. 2(2)
CHAPTER 3U.K.HOLIDAY PAY FUNDS
Interpretation of Chapter 3U.K.
134. In this Chapter—
“fund” means a person who pays holiday pay—
(a)
to an individual who is not employed by the person, or
(b)
in respect of such an individual who has died;
“holiday pay” means—
(a)
any payment received by an individual in exchange for a voucher, stamp or similar document purchased by a person who employs (or employed) that individual for any holiday period, or
(b)
if such an individual has died, any payment received by a person claiming in respect of that individual’s right to such a payment;
“recipient” means a person who is paid holiday pay.
Application of other PartsU.K.
135.—(1) Parts 2 (codes) and 3 (deduction and repayment of tax) do not apply to holiday pay.
(2) The rest of these Regulations apply as if the Inland Revenue had issued the basic rate code in respect of holiday pay.
Deduction of taxU.K.
136. On making any payment of holiday pay to a recipient, a fund must deduct income tax at the basic rate in force at the time the payment is made.
Certificate of tax deductedU.K.
137.—(1) On making any payment of holiday pay, a fund must give the recipient a certificate showing the following particulars.
(2) The particulars are—
(a)the recipient’s name,
(b)the recipient’s national insurance number, if known,
(c)the tax year in which the payment is made,
(d)the date of the payment,
(e)the amount of the payment, and
(f)the amount of tax deducted on making the payment.
Repayment to recipient during tax yearU.K.
138.—(1) A fund must not repay tax deducted from a payment of holiday pay to a recipient.
(2) If a recipient applies for a repayment of tax deducted from holiday pay, the Inland Revenue may make such repayment at any time during the tax year as may be appropriate.
(3) In deciding what is appropriate the Inland Revenue must have regard to—
(a)the holiday pay of the recipient for the period from the beginning of the tax year up to and including the date of the application,
(b)the amount of tax deducted from the holiday pay as evidenced by certificates supplied under regulation 137,
(c)any entitlement of the recipient to relief from income tax, and
(d)the recipient’s other PAYE income for the tax year and, unless the recipient objects, the recipient’s income for the tax year from all other sources, and liability to tax on that income, as estimated by the Inland Revenue.
Particulars that fund must recordU.K.
139.—(1) A fund must record, in a deductions working sheet, the following particulars about every payment of holiday pay made to a recipient.
(2) The particulars are—
(a)the recipient’s name,
(b)the recipient’s national insurance number, if known,
(c)the tax year to which the deductions working sheet relates,
(d)the date of the payment,
(e)the amount of the payment, and
(f)the amount of tax (if any) deducted on making the payment.
Other PAYE income of recipientU.K.
140. Nothing in this Chapter affects the application of these Regulations to any other PAYE income of a recipient.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Chapter only
You have chosen to open The Whole Instrument
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Instrument as a PDF
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Instrument without Schedules
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Instrument without Schedules as a PDF
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Instrument
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Instrument without Schedules
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.