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The Income Tax (Pay As You Earn) (Amendment) Regulations 2022

S.I. 2022/1243 · Made 28 November 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Income Tax

Made 28th November 2022

Laid before the House of Commons 29th November 2022

Coming into force 20th December 2022

The Commissioners for His Majesty’s Revenue and Customs, in exercise of the powers conferred by section 684(1) and (2) of the Income Tax (Earnings and Pensions) Act 2003f1, and now exercisable by themf2, make the following Regulations:

Annotations to the whole text

Footnotes

f1

2003 c. 1 (“ITEPA”). Section 684 was relevantly amended by section 145 of the Finance Act 2003 (c. 14), paragraphs 102 and 117 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (“CRCA”) (c. 11), section 94 of the Finance Act 2006 (c. 25), paragraphs 2, 3, 5, 6 and 7 of Schedule 58 to the Finance Act 2009 (c. 10), and section 225 of, and paragraph 5 of Schedule 1 to, the Finance Act 2012 (c. 14).

f2

The powers of the Board of the Inland Revenue under section 684 of ITEPA were transferred to the Commissioners for Revenue and Customs by paragraph 102(2) of Schedule 4 to CRCA. The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs (“HMRC”) by section 5(2) of CRCA. Section 50(1) of CRCA provides that a reference to the Commissioners for Inland Revenue, however expressed, shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Income Tax (Pay As You Earn) Regulations 2003
  3. 3Amendment of the Income Tax (Pay As You Earn) Regulations 2003
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment) Regulations 2022 and come into force on 20th December 2022.

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

The Income Tax (Pay As You Earn) Regulations 2003f1 are amended as follows.

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

In regulation 65A (relief from income tax on PAYE income: information about deductible expenses)f1—

(a)

in paragraph (1)(a) after “Chapter 2” insert “or Chapter 4”;

(b)

for paragraph (4) substitute—

“(4)

For the purposes of this regulation, the specified information means—

(a)

the tax yearf2 in relation to which the employeef3 is entitled to relief from income tax as described in paragraph (1)(a) in respect of the deductible expenses notified;

(b)

in relation to that employee—

(i)

the employee’s full name,

(ii)

the employee’s date of birth,

(iii)

the employee’s address (including postcode), and

(iv)

the employee’s national insurance number (if any);

(c)

in relation to each of the deductible expenses notified—

(i)

the amount of the deductible expense,

(ii)

a description of the deductible expense,

(iii)

the employer’s PAYE referencef4 of the relevant employer, and

(iv)

in the case of a deductible expense allowed under Chapter 4 of Part 5 of ITEPAf5, a description of the industry or business sector of the relevant employer.

(4A)

The relevant employer in relation to a deductible expense is the person to whom paragraph (4B) applies.

(4B)

This paragraph applies to a person if—

(a)

the person is the employee’s employerf6 in relation to an employmentf7, and

(b)

the deductible expense in question is allowed from the employee’s taxable earningsf8 from that employment.”.

Signature

Jim Harra

Penny Ciniewicz

Two of the Commissioners for His Majesty’s Revenue and Customs

28th November 2022

Explanatory note

(This note is not part of the Regulations)

The Regulations amend the Income Tax (Pay As You Earn) Regulations 2003 (S.I. 2003/2682) (“the PAYE Regulations”).

Regulation 1 provides for citation, commencement and effect. The Regulations come into force on 20th December 2022.

Regulation 3 amends regulation 65A of the PAYE Regulations. Regulation 65A provides that an employee may notify specified information to the Commissioners for His Majesty’s Revenue and Customs (“HMRC”) in accordance with a direction made by HMRC in relation to certain expenses allowed as deductions from taxable earnings by virtue of section 327 of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (“ITEPA”).

Paragraph (1)(a) of regulation 65A is amended so that fixed allowance expenses under Chapter 4 of Part 5 of ITEPA are within the scope of that regulation.

Paragraph (4) of regulation 65A is substituted to make explicit the information that must be supplied to HMRC in accordance with that regulation.

A Tax Information and Impact Note has not been prepared in relation to these changes as they contain no substantive changes to tax policy.