Statutory Instruments
INCOME TAX
Made
25th April 2000
Laid before the House of Commons
26th April 2000
Coming into force
19th May 2000
The Commissioners of Inland Revenue in exercise of the powers conferred on them by section 203 of the Income and Corporation Taxes Act 1988(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:
1. These Regulations may be cited as the Income Tax (Employments) (Amendment) Regulations 2000 and shall come into force on 19th May 2000.
2. For paragraph (3) of regulation 41 of the Income Tax (Employments) Regulations 1993(2) substitute-“
"(3) The condition is that, for income tax months falling within the current year, the average monthly amount found by the formula-
P + N + L + S - T
will be less than £1,500.
Here-
P is the amount which would be payable to the collector under regulation 40 if any adjustment to that amount under regulation 7(1) of the Tax Credits (Payments by Employers) Regulations 1999(3) (funding of payment by relevant employer or relevant subsequent employer of tax credit) were disregarded;
N is the amount which would be payable to the collector under the Social Security Contributions and Benefits Act 1992(4) and the Social Security (Contributions) Regulations 1979(5); or in Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992(6) and the Social Security (Contributions) Regulations (Northern Ireland) 1979(7) if any adjustment to that amount under regulation 7(3) of the Tax Credits (Payments by Employers) Regulations 1999 were disregarded;
L is the amount which would be payable to the collector under regulation 39(1) of either the Education (Student Loans) (Repayment) Regulations 2000(8) or the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000(9) (payment of repayment deducted to the Inland Revenue) if the reduction of that amount which is referred to in paragraph (3) of that regulation and in regulation 7(2) of the Tax Credits (Payments by Employers) Regulations 1999 were disregarded;
S is the amount payable to the collector under section 559 of the Taxes Act and the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993(10); and
T is the amount which the employer is required to pay by way of tax credits in accordance with regulation 6(2) of the Tax Credits (Payment by Employers) Regulations 1999.".
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
25th April 2000
(This note is not part of the Regulations)
These Regulations amend regulation 41 of the Income Tax (Employments) Regulations 1993 (S.I. 1993/744) ("regulation 41").
Regulation 41 enables an employer to account to the collector for tax liable to be deducted under PAYE from payments to employees in any quarterly period in a year of assessment within 14 days of the end of that period, rather than having to account within 14 days of the end of any income tax month for tax which he was liable to deduct from payments made in that month.
Regulation 1 provides for the citation and commencement of these Regulations.
Regulation 2 effects the amendment to paragraph (3) of regulation 41. As a result of the amendment the employer may choose to account to the collector on a quarterly basis if he has reasonable grounds for believing that the average monthly amount which he would be liable to pay to the collector in the year of assessment in respect of-
(a)PAYE tax,
(b)national insurance contributions,
(c)deductions from payments to subcontractors in the construction industry, and
(d)repayments in respect of student loans deducted from earnings,
after deducting the amount which he would be liable to pay by way of tax credits under regulation 6(2) of the Tax Credits (Payments by Employers) Regulations 1999 (S.I. 1999/3219), is less than £1,500.