Regulation 36 Deduction of tax and contributions of self-employed earnersI1
Northern Ireland
The amount to be deducted in respect of income tax under regulation 35(1)(b)(i), (3)(b)(i) or (9)(a)(i) shall 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 applicable to the assessment period 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 appropriate to his circumstances; but, if the assessment period 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 F6reliefs deductible under this paragraph shall be calculated on a pro-rata basis.
The amount to be deducted in respect of F7national insurance contributions under regulation 35(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) shall be the total of—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the amount of Class 4 contributions (if any) which would be payable under section 15 of the Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable to the assessment period 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 applicable to the assessment period; but if the assessment period is less than a year, those limits shall be reduced pro rata.
In this regulation “chargeable income” means—
except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (3)(a) or, as the case may be, (4) of regulation 35;
in the case of employment as a child minder, one third of the earnings of that employment.
Annotations
Textual amendments
- F1
Words in reg. 36(1) omitted (6.4.2009) by virtue of The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), regs. 1(1), 6(3)(a)
- F2
Words in reg. 36(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), 4(4)(a)
- F3
Words in reg. 36(1) substituted (6.4.2016) by virtue of The Social Security (Scottish Rate of Income Tax etc.) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/147), regs. 1(1), 4(4)(b)
- F4
Words in reg. 36(1) substituted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), regs. 1(1), 6(3)(b)
- F5
Words in reg. 36(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), 4(4)(c)
- F6
Word in reg. 36(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), 4(4)(d)
- F7
Words in reg. 36(2) substituted (20.6.2016) by The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/230), regs. 1(1), 3(2)(c)
- F8
Reg. 36(2)(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(12)(b) (with reg. 1(4))
Commencement
Notes on Part VI
Modifications
- C1
Pt. VI applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 19(1)