Part I

Contributions

Class 1B contributions

Class 1B contributions
10A
1
Where for any tax year a person is accountable to the Inland Revenue in respect of income tax on
general earnings
of his employees in accordance with a PAYE settlement agreement, a Class 1B contribution shall be payable by him for that tax year in accordance with this section.
2
The Class 1B contribution referred to in subsection (1) above is payable in respect of—
a
the amount of any of
the general earnings included
in the PAYE settlement agreement which are chargeable emoluments; and
b
the total amount of income tax in respect of which the person is accountable for the tax year in accordance with the PAYE settlement agreement.
3
The amount of the Class 1B contribution referred to in subsection (1) above shall be the Class 1B percentage of the aggregate of the amounts mentioned in paragraphs (a) and (b) of subsection (2) above.
4
General earnings are chargeable emoluments
for the purposes of subsection (2) above if, apart from section
6(2) or 10(6)
above, the person accountable in accordance with the PAYE settlement agreement would be liable or entitled to pay secondary Class 1 contributions or Class 1A contributions in respect of them.
5
Where—
a
the PAYE settlement agreement was entered into after the beginning of the tax year; and
b
Class 1 contributions were due in respect of any
general earnings
before it was entered into,
those
general earnings
shall not be taken to be included in the PAYE settlement agreement.
6
In subsection (3) above “
the Class 1B percentage
” means a percentage rate equal to
the secondary percentage
for the tax year in question.
7
The Treasury may by regulations
provide for persons to be excepted in prescribed circumstances from liability to pay Class 1B contributions.
S. 10A and cross-heading inserted (8.9.1998 for specified purposes, 6.4.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 53, 87(2); S.I. 1998/2209, art. 2(b)(c), Sch. Pts. 2, 3
Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)
Pt. 1 modified (2.4.1999) by The New Deal (25 plus) (Miscellaneous Provisions) Order 1999 (S.I. 1999/779), arts. 1(1), 2
S. 10A(6) substituted (6.4.2000) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 77, 89(3)(a); S.I. 1999/3420, art. 4(a)
Words in s. 10A(7) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 3 para. 11; S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
Pt. 1 modified (13.9.2001) by The New Deal (Lone Parents) (Miscellaneous Provisions) Order 2001 (S.I. 2001/2915), arts. 1(1), 2
Words in s. 10A(6) substituted (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), s. 8(2), Sch. 1 para. 3
Words in s. 10A(1) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 177(2) (with Sch. 7)
Words in s. 10A(2)(a) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 177(3) (with Sch. 7)
Words in s. 10A(4) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 177(4) (with Sch. 7)
Words in s. 10A(5) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 177(5) (with Sch. 7)
Words in s. 10A(4) substituted (1.9.2004) by National Insurance Contributions and Statutory Payments Act 2004 (c. 3), s. 13, Sch. 1 para. 1(2); S.I. 2004/1943, art. 5(a)(i)
Pt. 1 modified (6.4.2001) by The Social Security (Contributions) Regulations 2001 (S.I. 2001/1004), regs. 1(1), 125 (as amended (6.4.2017) by S.I. 2017/416, regs. 1(2), 2; (6.4.2019) by S.I. 2019/555, regs. 1(2), 2)
Pt. 1 modified (for the tax year 2022-23) by Health and Social Care Levy Act 2021 (c. 28), s. 5(2) (with s. 7(2)) (which Act was repealed (25.10.2022) by Health and Social Care Levy (Repeal) Act 2022 (c. 43), s. 1 (with savings and transitional modifications of Pt. 1 in s. 2, Sch. paras. 1-3, 5))
Pt. 1 modified (in relation to the tax year 2023-24) by National Insurance Contributions (Reduction in Rates) Act 2023 (c. 57), Sch. para. 1(1)-(3)