# The Income Tax (Pay As You Earn) Regulations 2003, Regulation 49C: Procedure where no Form P45 and: (a) employee is not a seconded expatriate and paragraph 41(a) of Schedule A1 applies; or (b) seconded expatriate is national of EEA state


(1) This regulation applies where—
(a) the employee is not a seconded expatriate and has indicated in accordance with regulation 40A(1) (duty of employee to assist with completion of new employee fields in returns under regulations 67B and 67D) that the statement in paragraph 41(a) of Schedule A1 (real time returns) is correct, or
(b) the employee is a seconded expatriate and has confirmed in accordance with regulation 40A(1) being a national of an EEA state.
(2) On making the first relevant payment which equals or exceeds either the lower earnings limit or the secondary threshold, whichever is the lesser amount, to the employee, the employer must—
(a) prepare a deductions working sheet and enter the total payments to date, and
(b) deduct tax on the cumulative basis using the emergency code.
(3) On making any subsequent relevant payment before HMRC 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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Source: https://www.legislation.gov.uk/uksi/2003/2682/regulation/49C (the official version)
Page: https://openlegislation.uk/income-tax-pay-as-you-earn-regulations-2003/regulation-49C
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.