OpenLegislation

Regulation 59F Returns under regulations 59B and 59E: amendmentsF1

(1)

This regulation applies where F2there is an inaccuracy in a return, whether careless or deliberate, made under regulation 59B (real time returns of information about payments of earnings) or F359E (exceptions to regulation 59B) and paragraph (2) or (3) applies.

(2)

This paragraph applies where the F4inaccuracy relates to the information given in the return in respect of an employee under paragraph 3 of Schedule 2 (real time returns).

(3)

This paragraph applies where the F5inaccuracy was the omission of details of a payment of earnings to an employee.

(F64)

When the employer becomes aware of an inaccuracy in a return submitted under regulation 59B or 59E, the employer must provide the correct information in the next return for the tax year in question.

(5)

But if the information has not been corrected before 20th April following the end of the tax year in question, the employer must make a return under this paragraph.

(6)

A return under paragraph (5)—

(a)

must include the following—

(i)

the information specified in paragraph 1 of Schedule 2 (real time returns);

F7(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

the value of the adjustment to the information given under paragraph 3 of Schedule 2 in the final return under regulation 59B or 59E containing information in respect of the employee in the tax year in question; and

(iv)

if paragraph (7) applies, the information specified in paragraph 5 of Schedule 2;

(b)

must be made as soon as reasonably practicable after the F8employer becomes aware of the inaccuracy; and

(c)

must be made by an F9approved method of electronic communications.

(7)

This paragraph applies if—

(a)

the F10inaccuracy is within paragraph (3);

(b)

the payment of earnings was the first payment of earnings to the employee in the employment; and

(c)

the information specified in paragraph 5 of Schedule 2 has not otherwise been provided.

(8)

In the application of paragraphs (5) and (6) to cases within paragraph (3), if no information was given in any returns under regulation 59B or 59E in respect of the employee in the tax year, the value of the adjustments required must be calculated as if there was a final return containing information for the employee in the year and the figure requiring adjustment was zero.

(9)

Paragraph (6)(c) does not apply if the employer is one to whom regulation 59E applies but in those circumstances the return must be in such form as HMRC may approve or prescribe.

Annotations

Textual amendments

F1

Regs. 59A-59F inserted (6.4.2012) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2012 (S.I. 2012/836), regs. 1, 16

F2

Words in reg. 59F(1) substituted (6.4.2014) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2014 (S.I. 2014/651), regs. 1(1), 8(a)

F3

Word in reg. 59F(1) substituted (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 17(a)

F4

Word in reg. 59F(2) substituted (6.4.2014) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2014 (S.I. 2014/651), regs. 1(1), 8(b)

F5

Word in reg. 59F(3) substituted (6.4.2014) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2014 (S.I. 2014/651), regs. 1(1), 8(b)

F6

Reg. 59F(4) substituted (6.4.2014) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2014 (S.I. 2014/651), regs. 1(1), 8(c)

F7

Reg. 59F(6)(a)(ii) omitted (6.4.2013) by virtue of The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 17(b)

F8

Words in reg. 59F(6)(b) substituted (6.4.2014) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2014 (S.I. 2014/651), regs. 1(1), 8(d)

F9

Word in reg. 59F(6)(c) substituted (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 17(c)

F10

Word in reg. 59F(7)(a) substituted (6.4.2014) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2014 (S.I. 2014/651), regs. 1(1), 8(b)