EXPLANATORY NOTE

(This note is not part of the Regulations)

The Income Tax (Pay as You Earn) Regulations 2003 (“the 2003 Regulations”) make provision, amongst other things, for the deduction and payment of income tax on PAYE income and for returns for that purpose.

Regulation 3 inserts new regulations 84A to 84D into the 2003 Regulations in order to provide for the issue of certificates where an employer with no presence in the United Kingdom discharges filing and payment responsibilities on behalf of the oil field licensee.

These Regulations are made in exercise of a power contained in resolution number 15, passed by the House of Commons on 25 March 2014 following the Budget held on 19 March 2014. The resolution has temporary statutory effect by virtue of section 1 of the Provisional Collection of Taxes Act 1968. It provides that the Commissioners for Her Majesty’s Revenue and Customs may by regulations make provision for and in connection with the issue by HMRC of a certificate to a relevant person in respect of one or more continental shelf workers.

The provisions of the resolution correspond to provisions contained in clause 21 of Finance (No.2) Bill 2014, as published by the House of Commons on 27 March 2014. Assuming that the clause is not rejected during the passage of the Bill through Parliament, those provisions will come into force when the Bill receives Royal Assent, and the Regulations made under the resolution will continue to have statutory effect by virtue of those provisions of the Act arising from the Bill.

A Tax Information and Impact Note covering this instrument was published on 10 December 2013 alongside the draft legislation and is available on the Gov.uk website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins#finance-bill-2014-10-december-2013 . An updated Tax Information and Impact Note will be published on that website.