PART 3DEDUCTION AND REPAYMENT OF TAX

CHAPTER 3F6NEW PENSIONERS: FORMS P45 AND P46(PEN)

Annotations:
Amendments (Textual)

F5Procedure if no Form P45 and code not known: UK pensioners58

1

This regulation applies if—

a

a pension payer starts to make relevant pension payments to a pensioner,

b

the pensioner is resident in the United Kingdom,

c

the pensioner does not give to the pension payer Parts 2 and 3 of Form P45, and

d

a code in respect of the pensioner has not otherwise been issued to the pension payer.

F41A

This regulation does not apply where the relevant pension payment is a relevant lump sum payment.

2

On making any relevant pension payments to the pensioner before the Inland Revenue issue a code for use in respect of the pensioner, the pension payer must deduct tax on the non-cumulative basis applying the emergency code.

3

The pension payer must send the Inland Revenue the following information in F1Form P46(Pen).

F24

The information is—

a

the pensioner’s national insurance number (if known),

b

the pensioner’s full name,

c

the pensioner’s sex,

d

the pensioner’s date of birth,

e

the pensioner’s full address including postcode,

f

date upon which payment of the pension started,

g

the pensioner’s works payroll number and the department or branch (if any),

h

the fact that the recipient is a pensioner,

i

the pension payer’s PAYE reference,

j

the pension payer’s name,

k

the pension payer’s full address, including the postcode, and

l

the tax code used in relation to the pension.

5

The pension payer must also indicate in the Form that the emergency code is being used on the non-cumulative basis.

6

For the purposes of paragraph (1)(d), the pension payer must ignore any code issued to the pension payer in respect of a previous pension of the pensioner which has ended.

F37

In this regulation, and in regulation 58A (procedure if no Form P45 and code not known where payment is a relevant lump sum payment), a “relevant lump sum payment” is F7a payment which—

F8a

is treated as taxable pension income under—

i

section 637G of ITEPA (trivial commutation lump sums and winding-up lump sums), or

ii

section 637N of that Act (trivial commutation lump sum death benefits), and

b

F9... is made at a time when the pension payer is not making any other payments of PAYE pension income to the pensioner under the same registered pension scheme.