The Income Tax (Pay As You Earn) (Amendment) Regulations 2012

1. Introductory Text

2. PART 1 General

   1. 1. Citation, commencement and interpretation

   2. 2. Amendment of the 2003 Regulations

3. PART 2 Real Time Information

   1. CHAPTER 1 Amendments to the 2003 Regulations

      1. 3. Interpretation

      2. 4. After regulation 2 insert— Real Time Information employers (1) The following are Real Time Information employers—

      3. 5. Application of the 2003 Regulations to pension payers and pensioners

      4. 6. Cessation of employment: Form P45

      5. 7. Death of employee

      6. 8. Death of pensioner

      7. 9. Employee’s duty to provide Form P45

      8. 10. Duty of employee to assist with completion of new employee fields

      9. 11. Procedure if employer receives Form P45

      10. 12. Procedure where information missing and code not known: employers

      11. 13. Form P46 where employer does not receive Form P45 and code not known

      12. 14. After regulation 49 insert— Procedure where employee fails to assist...

      13. 15. No Form P45: code treated as issued by HMRC

      14. 16. In regulation 50— (a) for “The” substitute “Code 0T, the”,...

      15. 17. Procedure in cases of retrospective earnings: code treated as issued by HMRC

      16. 18. Late presentation of Form P45

      17. 19. Late presentation of Form P45: employer’s duties

      18. 20. No Form P45: subsequent procedure on issue of employee’s code

      19. 21. In regulation 53— (a) in paragraph (1), for “49 (procedure...

      20. 22. Application of Chapter 3 of Part 3 of the 2003 Regulations to Real Time Information pension payers

      21. 23. Procedure in regulation 54A cases: code treated as issued by HMRC

      22. 24. In regulation 54B(2), omit “Form P46(Pen)) procedure,”.

      23. 25. Procedure if no Form P45 and code not known: UK pensioners

      24. 26. UK resident pensioner’s code treated as issued by HMRC

      25. 27. Real time returns, payments and associated matters

      26. 28. For the heading to regulation 68 (periodic payments to and...

      27. 29. In regulation 68(1), for “an employer” in the first place...

      28. 30. Due date and receipts for payment of tax

      29. 31. Quarterly tax periods

      30. 32. Modification of regulations 67G and 68 in case of trade dispute

      31. 33. In regulation 71— (a) in paragraph (1), for “regulation 68”...

      32. 34. Annual returns

      33. 35. Failure to account for deductible tax

      34. 36. In the heading to regulation 77 (return and certificate if...

      35. 37. In the heading to regulation 78 (notice and certificate if...

      36. 38. Determination of unpaid tax and appeal against determination

      37. 39. Interest on tax overdue

      38. 40. Recovery of tax and interest

      39. 41. Retention by employer of PAYE records

      40. 42. Relevant debts of managed service companies

      41. 43. Time limits for issue of transfer notices: managed service companies

      42. 44. Succession to a business: trade disputes

      43. 45. Effect of PAYE settlement agreement

      44. 46. Electronic payment by large employers: meaning of “large employer”

      45. 47. Large employers required to make specified payments electronically

      46. 48. Electronic communications

      47. 49. After Chapter 4 of Part 10 insert— CHAPTER 4A Mandatory...

      48. 50. Certificate that sum due

      49. 51. Payment by cheque

      50. 52. New Schedule: information to be included in returns under regulations 67B and 67D

   2. CHAPTER 2 Transitional provisions

      1. 53. Information about employees

      2. 54. Information about payments to employees

      3. 55. Provision of information under regulations 53 and 54

      4. 56. Postponement of first return under regulation 67B or 67D of the 2003 Regulations

      5. 57. Regulations 53 to 56: interpretation

4. PART 3 Security for payment of PAYE

   1. 58. New Part 4A

   2. 59. How information may be delivered to HMRC

5. PART 4 Other amendments

   1. 60. Interpretation and related matters

   2. 61. Omit regulation 46(1C) (Form P46 where employer does not receive...

   3. 62. In regulations 47 and 48 (procedure in Form P46 cases),...

   4. 63. In regulation 70(3) (quarterly tax periods), in the definition of...

   5. 64. Simplified deduction scheme for personal employees

   6. 65. PAYE income paid after employment ceased

   7. 66. Commonwealth citizens

   8. 67. In regulation 47(1) omit the words “or being a Commonwealth...

   9. 68. How information must or may be delivered by employers

6. Signature

7. 1. SCHEDULE

8. Explanatory Note