Amendment of the Income Tax (Pay As You Earn) Regulations 200313

After regulation 54 insert—

Relevant pension payments and relevant payments being received by a pensioner54A

1

This regulation applies if the pensioner begins to receive relevant pension payments whilst continuing to receive relevant payments from their employer.

2

On making relevant pension payments to the pensioner, the pension payer must deduct tax on the non-cumulative basis using the 0T tax code.

3

The pension payer must send to HMRC the following information in the Form P46(Pen)—

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

the date upon which the pension payments started,

g

the pensioner’s work payroll number and the department or branch (if any) in which the pensioner is employed,

h

confirmation that the recipient of the relevant payments is a pensioner,

i

the pension payer’s PAYE reference,

j

the pension payer’s name,

k

the pension payer’s full address including postcode, and

l

the tax code used in relation to the pension.

4

Before sending the Form P46(Pen), the pension payer must indicate in the form that code 0T is being used on a non-cumulative basis in respect of the pension.

Procedure in Form P46 (Pen) cases: code treated as issued by HMRC54B

1

The 0T code used by the pension payer in accordance with regulation 54A is treated, for the purposes of Parts 2 to 4 (codes; deduction and repayment of tax; payments, returns and information), as having been issued by HMRC as the code for use in respect of the pensioner.

2

This does not apply for the purposes of regulation 18 (objections and appeals) and regulations 58, 60 and 61 (Form P46(Pen)) procedure, late presentation of Form P45 etc).