Regulation 47 Procedure in Form P46 cases: (a) seconded expatriate is national of EEA state or Commonwealth citizen, or (b) employee is not seconded expatriate and Statement A appliesF8
United Kingdom
This regulation applies in the case of an employee F2(not a seconded expatriate) who indicates that Statement A applies.
It also applies to a seconded expatriate who confirms being a national of an EEA state ... (see regulation 46(1B)).
On making the first relevant payment which F3equals or exceeds F4either the lower earnings limit F5or the secondary threshold, whichever is the lesser amount, to the employee, the employer must—
send the Form P46 to Her Majesty’s Revenue and Customs,
prepare a deductions working sheet and enter the total payments to date, and
deduct tax on the cumulative basis using the emergency code.
To comply with paragraph (2)(a)—
the employer must send the Form P46 to Her Majesty’s Revenue and Customs even if the employee has not provided all of the information required by regulation 46, and
the employer must provide any of the information required by regulation 46(1B) that the employee has not provided.
On making any subsequent relevant payment before the Inland Revenue issue a code for use in respect of the employee, the employer must continue to deduct or repay tax on the cumulative basis using the emergency code.
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Annotations
Textual amendments
- F1
Reg. 47(1) substituted (6.4.2006) by The Income Tax (Pay as You Earn) (Amendment) Regulations 2005 (S.I. 2005/2691), regs. 1, 4(3)
- F2
Words in reg. 47(1) inserted (with effect in accordance with reg. 1(2)(b) of the amending S.I.) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2009 (S.I. 2009/588), regs. 1(1), 3(5)
- F3
Words in reg. 47(2) substituted (6.4.2008) by The Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2007 (S.I. 2007/2969), regs. 1(2), 6(a)
- F4
Word in reg. 47(2) inserted (6.4.2025) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2025 (S.I. 2025/294), regs. 1, 4(a)
- F5
Words in reg. 47(2) inserted (6.4.2025) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2025 (S.I. 2025/294), regs. 1, 4(b)
- F6
Reg. 47(2)(a) substituted (6.4.2008) by The Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2007 (S.I. 2007/2969), regs. 1(2), 6(b)
- F7
Reg. 47(2A) inserted (6.4.2008) by The Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2007 (S.I. 2007/2969), regs. 1(2), 6(c)
- F8
Reg. 47 heading substituted (with effect in accordance with reg. 1(2)(b) of the amending S.I.) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2009 (S.I. 2009/588), regs. 1(1), 3(4)