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Regulation 100 Annual maximum of Class 4 contributions due under section 15 of the ActC1F1

United Kingdom

(1)

If, in respect of any year, there are payable by or in respect of an earner Class 4 contributions under section 15 of the Act and also—

(a)

primary Class 1 contributions F2...

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

paragraph (2) applies.

(2)

If this paragraph applies, the earner’s liability for Class 4 contributions shall not exceed the maximum found in accordance with paragraph (3).

(3)

The maximum is found as follows.

  • Step One

    Subtract the lower profits limit from the upper profits limit for the year.

  • Step Two

    Multiply the result of Step One by F46% .

  • F5...

  • Step Four

    Subtract from the result of F6Step Two the aggregate amount of F7... primary Class 1 contributions paid at the main primary percentage.

    The application of the following steps is determined by reference to the following three Cases.

    • Case 1

      If the result of this step is a positive value, and exceeds the aggregate of—

      1. (a)

        primary Class 1 contributions payable at the main primary percentage,

      2. (b)

        F8...

      3. (c)

        Class 4 contributions payable at the main Class 4 percentage,

      in respect of the earner’s earnings, profits and gains for the year, the result of this step is the maximum amount of Class 4 contributions payable.

    • Case 2

      If the result of this step is a positive value, but does not exceed the aggregate mentioned in Case 1, the result of this step is the maximum amount of Class 4 contributions payable at the main Class 4 percentage.

    • Case 3

      If the result of this step is a negative value, the maximum amount of a Class 4 contribution payable at the main Class 4 percentage is nil and the result of this step is treated as nil.

      If Case 1 applies, Steps Five to Nine do not, but if Case 2 or Case 3 applies those Steps do apply.

  • Step Five

    Multiply the result of Step Four by F9100/6

    1009
  • Step Six

    Subtract the lower profits limit from the lesser of the upper profits limit and the amount of profits for the year.

  • Step Seven

    Subtract the result of Step Five from the result of Step Six.

    If the result of this step is a negative value, it is treated as nil.

  • Step Eight

    Multiply the result of Step Seven by F102 per cent.

  • Step Nine

    Multiply the amount by which the profits and gains for the year exceed the upper profits limit for the year by F112 per cent.

    The maximum amount of Class 4 contributions payable is—

    1. (a)

      where Case 1 of Step Four applies, the result of that step, and

    2. (b)

      where Case 2 or Case 3 of Step Four applies, the amount produced by adding together the results of Steps Four, Eight and Nine.

    This is subject to the qualifications in paragraphs (4) to (6).

    In this paragraph—

    • “lower profits limit” means the lesser of the two monetary sums specified in section 15(3)(a) of the Act; and

    • “upper profits limit” means the greater of those sums.

(4)

F12For the purpose only of determining the extent of the earner’s liability for contributions under paragraph (3), the amount of a primary Class 1 contribution which would otherwise be payable at the main primary percentage but which is paid at a rate less than F13the rate specified as the main primary percentage because the earner is a married woman who has made an election to pay contributions at the reduced rate as mentioned in regulation 127, shall be treated as equal to the amount of the primary Class 1 contribution payable at the main primary percentage, which would be so payable if the election had not been made.

F14(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Notwithstanding paragraphs (1) to F15(4), an earner shall be liable, in the first instance, for the full amount of the contributions which would have been payable but for this regulation.

Annotations

Textual amendments

F1

Reg. 100 substituted (with effect in accordance with reg. 1(1) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 14

F2

Words in reg. 100(1)(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), 6(5)(a)(i) (with reg. 1(4))

F3

Reg. 100(1)(b) 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), 6(5)(a)(ii) (with reg. 1(4))

F4

Word in reg. 100(3) substituted (6.4.2024 immediately before 2024 c. 5 comes into force) by National Insurance Contributions (Reduction in Rates) Act 2024 (c. 5), ss. 2(1)(3)(a), 3(1)

F5

Words in reg. 100(3) 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), 6(5)(b)(i) (with reg. 1(4))

F6

Words in reg. 100(3) substituted (6.4.2024) by The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024 (S.I. 2024/377), regs. 1(1), 6(5)(b)(ii) (with reg. 1(4))

F7

Words in reg. 100(3) 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), 6(5)(b)(ii) (with reg. 1(4))

F8

Words in reg. 100(3) 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), 6(5)(b)(iii) (with reg. 1(4))

F9

Word in reg. 100(3) substituted (6.4.2024 immediately before 2024 c. 5 comes into force) by National Insurance Contributions (Reduction in Rates) Act 2024 (c. 5), ss. 2(1)(3)(b), 3(1)

F10

Words in reg. 100(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2012 (S.I. 2012/573), regs. 1(1), 2(3)(a)(iii)

F11

Words in reg. 100(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2012 (S.I. 2012/573), regs. 1(1), 2(3)(a)(vi)

F12

Reg. 100(4) substituted (6.4.2016) by The Social Security (Contributions) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/352), regs. 1, 15 (with reg. 20)

F13

Words in reg. 100(4) substituted by National Insurance Contributions (Reduction in Rates) Act 2023 (c. 57), Sch. para. 2(3)(4)

F14

Reg. 100(5) 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), 6(5)(c) (with reg. 1(4))

F15

Word in reg. 100(6) substituted (6.4.2024) by The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024 (S.I. 2024/377), regs. 1(1), 6(5)(d) (with reg. 1(4))

Modifications

C1

Reg. 100 modified (for the tax year 2022-23) by Health and Social Care Levy (Repeal) Act 2022 (c. 43), Sch. para. 6(2)

Notes on the whole SI

Textual amendments

F1

See sections 3(2) and (5), 4(5) and (6), 116, 117, 118, 119 and 120 of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Act”) as amended respectively by paragraphs 3, 4, 22, 23, 24, 25 and 26 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the Transfer Act”). The functions of the Department of Health and Social Services for Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) and the Social Security Administration (Northern Ireland) Act 1992 (c. 8) were transferred to the Department for Social Development by Article 8(b) of and Part II of Schedule 6 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).

F2

See section 176(2)(b) of the Act.