The Income Tax (Pay as You Earn) (Amendment) Regulations 2005

• Citation: S.I. 2005/2691
• Sections: 9

Section 1 Citation and commencement

These Regulations may be cited as the Income Tax (Pay as You Earn) (Amendment) Regulations 2005 and shall come into force on 6th April 2006.

Section 2 Amendment of the Income Tax (Pay as You Earn) Regulations 2003

The Income Tax (Pay as You Earn) Regulations 2003 shall be amended as follows.

Section 3 Amendment of the Income Tax (Pay as You Earn) Regulations 2003

(1) Amend regulation 46 (Form P46 where employer does not receive Form P45 and code not known) as follows.

(2) After paragraph (1) insert—

(1A) The employee must provide the following information in Form P46.

(1B) The information is —

(a) the employee’s national insurance number (if known),

(b) the employee’s full name,

(c) the employee’s sex,

(d) the employee’s date of birth, and

(e) the employee’s full address including postcode.

(3) In paragraph (2)—

(a) in the words before Statement A—

(i) omit “(if any)”; and

(ii) for “apply” substitute “applies”;

(b) for Statements A, B and C substitute—

Statement A: that the employment referred to in paragraph (1)(a) is the employee’s first employment since the preceding 6 th April, and the employee has not since that date received—

jobseeker’s allowance or incapacity benefit which is subject to income tax, or

a retirement pension or an occupational pension;

Statement B: that the employee is not receiving a retirement pension or an occupational pension and since the preceding 6 th April—

has had another employment, but is not now in receipt of employment income from it, or

has received jobseeker’s allowance or incapacity benefit which is subject to income tax, but payment of that allowance or benefit has ceased;

Statement C: that the employee either has another employment (which is continuing) or is in receipt of a retirement pension or an occupational pension.

(c) omit the words after Statement C.

(4) After paragraph (2) insert—

(2A) A Form P46 must be—

(a) signed by the employee; or

(b) delivered by the employer by an approved method of electronic communications after he has complied with paragraph (2B).

(2B) To the extent that the information contained in it relates to the employee, the employer must verify the content of a Form P46 before it is delivered.

(2C) If, despite the requirements of paragraphs (2) to (2B), a Form P46 is sent or delivered to an officer of Revenue and Customs without the requirements of those paragraphs being satisfied, the employer must deduct tax at the basic rate from the employee’s earnings.

(5) For paragraph (3) substitute—

(3) The employer must provide the following information in the Form P46—

(a) the date on which the employment started;

(b) the employee’s works payroll number and the department or branch (if any) in which the employee is employed;

(c) the title of the job;

(d) the employer’s PAYE reference;

(e) the employer’s name;

(f) the employer’s full address, including the postcode; and

(g) the tax code used in relation to the employee’s earnings.

Section 4 Amendment of regulation 47

(1) Amend regulation 47 as follows.

(2) For the heading substitute—

Procedure in Form P46 Cases: Statement A applies

. 3 For paragraph (1) substitute—

(1) This regulation applies in the case of an employee who indicates that Statement A applies.

Section 5 Amendment of regulation 48

(1) Amend regulation 48 as follows.

(2) For the heading substitute—

Procedure in Form P46 Cases: Statement B applies

. 3 In paragraph (1) omit “only”.

Section 6 Amendment of regulation 49

(1) Amend regulation 49 (Form P 46 cases: other new employees) as follows.

(2) For the heading substitute—

Procedure in Form P46 Cases: Statement C applies or Form P46 not signed when required

Section 7 Amendment of regulation 57

(1) Amend regulation 57 (information to be provided in form P46: non UK resident pension payee) as follows.

(2) For paragraph (3) substitute—

(3) 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.

Section 8 Amendment of regulation 58

(1) Amend regulation 58 (information to be provided in form P46: UK resident pension payee for whom code not known) as follows.

(2) For paragraph (4) substitute—

(4) 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.

Section 9 Amendment of regulation 74

(1) Amend regulation 74 (annual return of payments not liable to deduction of tax (Form P38A)) as follows.

(2) In paragraph (4)(b) for “(or both) apply” substitute “applies”.