Regulation 67K Penalty: first failure to deliver a return in a tax yearF1

(1)

Paragraph 6C(4) of Schedule 55 to the Finance Act 2009 (unpenalised default) does not apply to any failure to deliver a return falling within item 4 in the Table in paragraph 1 of that Schedule in accordance with regulation 67B, regulation 67BA, regulation 67BB, regulation 67C or regulation 67D, as the case may be,—

(a)

by a small existing Real Time Information employer or a new Real Time Information employer in the period 6th March 2015 to 5th April 2015; or

(b)

for any tax year for which a Real Time Information employer operates an annual PAYE Scheme.

(2)

For the purposes of paragraph (1)(a)—

(a)

an employer is a small existing Real Time Information employer if at 6th October 2014 that employer employed no more than 49 employees; and

(b)

an employer is a new Real Time Information employer if it is issued with an employer’s PAYE reference after 6th October 2014.

(3)

For the purposes of paragraph (1)(b), a Real Time Information employer operates an annual PAYE Scheme for a tax year if for that year—

(a)

all the employees are paid annually;

(b)

all the employees are paid on the same date; and

(c)

the Real Time Information employer is only required under regulation 69 (due date and receipts for payment of tax) to pay HMRC annually.

Annotations

Textual amendments

F1: Regs. 67I-67K and cross-heading inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Tax (Pay As You Earn) (Amendment No. 3) Regulations 2014 (S.I. 2014/2396), regs. 1(1), 2