Regulation 80 Return by employer
United Kingdom
Where a Class 1A contribution is payable to the Board in accordance with regulation 71(1), 72(2) or 73(2), the employer shall render to them a return, not later than 6th July following the end of the year, showing—
such particulars as they may require for the identification of the employer;
the year to which the return relates;
the amounts which are F1general earnings in respect of which a Class 1A contribution is payable; and
the amount of any Class 1A contribution payable in respect of that year.
Paragraph (1A) does not apply if the employer is one to whom paragraph 21D(1) of Schedule 4 (exceptions from making electronic real time information returns) applies but in those circumstances the employer must render the return by sending it to HMRC.
Despite paragraph (1A), where regulation 73 (provisions relating to Class 1A contribution due on cessation of business) applies to an employer, that employer may choose to render the return required by paragraph (1) in accordance with paragraph (1A)(b) or by sending it to HMRC.
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The return shall include a declaration by the person making the return to the effect that the return is, to the best of his knowledge, correct and complete.
The declaration must be—
signed by the employer; or,
where the employer is a body corporate, signed either by the secretary or by a director.
Where the return referred to in this regulation is rendered as mentioned in paragraph (1A)(b) the declaration must, instead of being signed, be authenticated by or on behalf of the employer in such a manner as may be approved by HMRC.
If, by the date which applies to him under regulation 71(1), 72(2) or 73(2) (as the case may be), an employer has failed to pay a Class 1A contribution which he is liable to pay, the Board may prepare a certificate showing the total amount of a Class 1A contribution remaining unpaid in respect of the year in question and regulation 76(1) and (2) shall, with any necessary modifications, apply to the amount shown in that certificate.
This regulation is subject to regulations 40C(2) and 40D(2).
Annotations
Textual amendments
- F1
Words in reg. 80(1)(c) substituted (6.4.2004) by The Social Security (Contributions, Categorisation of Earners and Intermediaries) (Amendment) Regulations 2004 (S.I. 2004/770), regs. 1(1), 20(a)
- F2
Reg. 80(1A) substituted (6.4.2004) by The Social Security (Contributions, Categorisation of Earners and Intermediaries) (Amendment) Regulations 2004 (S.I. 2004/770), regs. 1(1), 20(b)
- F3
Reg. 80(1A)(a) and word omitted (6.4.2023) by virtue of The Social Security (Contributions) (Amendment No. 2) Regulations 2023 (S.I. 2023/308), regs. 1, 2(2)(a)
- F4
Words in reg. 80(1A)(b) substituted (6.4.2023) by The Social Security (Contributions) (Amendment No. 2) Regulations 2023 (S.I. 2023/308), regs. 1, 2(2)(b)
- F5
Reg. 80(1AA) inserted (6.4.2023) by The Social Security (Contributions) (Amendment No. 2) Regulations 2023 (S.I. 2023/308), regs. 1, 2(3)
- F6
Reg. 80(1AB) inserted (6.4.2026) by The Social Security (Contributions) (Amendment) Regulations 2026 (S.I. 2026/191), regs. 1, 2
- F7
Reg. 80(1B)-(1F) omitted (6.4.2004) by virtue of The Social Security (Contributions, Categorisation of Earners and Intermediaries) (Amendment) Regulations 2004 (S.I. 2004/770), regs. 1(1), 20(c)
- F8
Reg. 80(3) substituted (6.4.2012) by The Social Security (Contributions) (Amendment No. 3) Regulations 2012 (S.I. 2012/821), regs. 1(1), 19(a)
- F9
Reg. 80(3A) inserted (6.4.2012) by The Social Security (Contributions) (Amendment No. 3) Regulations 2012 (S.I. 2012/821), regs. 1(1), 19(b)
- F10
Reg. 80(5) inserted (6.4.2020) by The Social Security (Contributions) (Amendment No. 2) Regulations 2020 (S.I. 2020/300), regs. 1(1), 6
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.