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Regulation 99 Deduction of tax and contributions for self-employed earnersI1

Northern Ireland

(1)

Subject to paragraph (2), the amount to be deducted in respect of income tax under regulation 98(1)(b)(i), (3)(b)(i) or (9)(a)(i) (calculation of net profit of self-employed earners) is to be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at F1... the basic rate F2, or in the case of a Scottish taxpayer, the Scottish basic rate, of tax less only the F3personal reliefs to which the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 as are as is appropriate to the claimant’s circumstances.

(2)

If the period determined under regulation 92 is less than a year the earnings to which the F4basic rate F5, or the Scottish basic rate, of tax is to be applied and the amount of the personal allowance deductible under F6paragraph (1) are to be calculated on a pro rata basis.

(3)

The amount to be deducted in respect of National Insurance contributions under regulation 98(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) is to be the total of—

F7(a)

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

(b)

the amount of Class 4 contributions (if any) which would be payable under section 15 of that Actf1 (Class 4 contributions recoverable under the Income Taxes Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits are to be reduced pro rata.

(4)

In this regulation “chargeable income” means—

(a)

except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under regulation 98(3)(a) or (4), as the case may be;

(b)

in the case of employment as a child minder, one third of the earnings of that employment.

Annotations

Textual amendments

F1

Words in reg. 99(1) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(11)(a)

F2

Words in reg. 99(1) inserted (6.4.2016) by The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/147), regs. 1(1), 6(3)(a)(i)

F3

Words in reg. 99(1) substituted (6.4.2016) by The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/147), regs. 1(1), 6(3)(a)(ii)

F4

Words in reg. 99(2) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(11)(b)

F5

Words in reg. 99(2) inserted (6.4.2016) by The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/147), regs. 1(1), 6(3)(b)(i)

F6

Words in reg. 99(2) substituted (6.4.2016) by The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/147), regs. 1(1), 6(3)(b)(ii)

F7

Reg. 99(3)(a) omitted (6.4.2024) by virtue of The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024 (S.I. 2024/377), regs. 1(1), 8(16) (with reg. 1(4))

Commencement

I1

Reg. 99 in operation at 27.10.2008, see reg. 1(1)

Footnotes

f1

Section 15 was amended by section 13 of the Limited Liability Partnerships Act 2000 (c.12), section 3(2) of the National Insurance Contributions Act 2002 (c. 19), paragraph 424 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005 (c. 5) and Article 4 of S.I. 2008/579