OpenLegislation

Paragraph 22 Return by employer at end of year

United Kingdom

F1(A1)

This F2paragraph applies to—

(a)

non-Real Time Information employers;

(b)

Real Time Information employers in relation to years in which they were, for the whole of the year, non-Real Time information employers; and

(c)

Real Time Information employers to whom HMRC has given a notice requiring a return under regulation 73 of the PAYE Regulations (annual return of relevant payments liable to deduction of tax (Forms P35 and P14) in respect of a tax year.

(1)

F3Before 20th May following the end of the year the employer shall render to F4HMRC in such form as they may approve or prescribe, a return showing in respect of each employee, in respect of whom he was required at any time during the year to prepare or maintain a deductions working sheet in accordance with this Schedule—

(a)

such particulars as HMRC may require for the identification of the employee,

(b)

the year to which the return relates,

(c)

in respect of each and under each of the category letters, the total amounts for the year shown under—

(i)

each of F5sub-paragraphs (i) to (v) severally of paragraph 7(13)(b) (such amounts being rounded down to the next whole pound if not already whole pounds) in the case of paragraphs (i) F6to (iii)),

F7(ii)

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

F8(iii)

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

(d)

the total amount of any statutory maternity pay paid during the year; F9...

F10(da)

the total amount of F11F12... statutory paternity pay paid during the year;

F13(daa)

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

(db)

the total amount of statutory adoption pay paid during the yearF14; F15...

(dc)

the total amount of statutory shared parental pay paid during the yearF16; F17and

(dd)

the total amount of statutory parental bereavement pay paid during the year.F18; and

(de)

the total amount of statutory neonatal care pay paid during the year.

F19(e)

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

(2)

The return required by sub-paragraph (1) shall include a statement and declaration in the form approved or prescribed by HMRC containing a list of all deductions working sheets on which the employer was obliged to keep records in accordance with this Schedule in respect of that year, and shall also include a certificate showing—

(a)

the total amount of earnings-related contributions payable by him in respect of each employee during that year;

(b)

the total amount of earnings-related contributions payable in respect of all his employees during that year;

F20(c)

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

(d)

in respect of statutory maternity pay paid during that year to all his employees, the total of amounts determined under regulation 3 of the Compensation of Employers Regulations and deducted by virtue of regulation 4 of those Regulations; F21...

F22(da)

in respect of statutory paternity pay paid during that year to all his employees the total of the amounts determined under regulation 5 of the F23F24... statutory paternity pay and Statutory Adoption Pay (Administration) Regulations 2002;

F25(daa)

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

(db)

in respect of statutory adoption pay paid during that year to all his employees the total of the amounts determined under regulation 5 of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002F26; F27...

(dc)

in respect of statutory shared parental pay paid during the year to all his employees the total of the amounts determined under regulation 5 (deductions from payments to the Commissioners) of the Statutory Shared Parental Pay (Administration) Regulations 2014F28; F29and

(dd)

in respect of statutory parental bereavement pay paid during the year to all his employees the total of the amounts determined under regulation 5 of the Statutory Parental Bereavement Pay (Administration) Regulations 2020.F30; and

(de)

in respect of statutory neonatal care pay paid during the year to all his employees the total of the amounts determined under regulation 5 of the Statutory Neonatal Care Pay (Administration) Regulations 2025.

(e)

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

F31(2A)

Where a liability arises to pay contributions in respect of retrospective earnings relating to a closed tax year, the employer shall render a replacement return, or where necessary prepare one, in respect of the employee for that closed tax year before 20th May following the end of the year in which the relevant retrospective contributions regulations came into force, in accordance with paragraphs (a) to (c) of sub-paragraph (1), setting out the revised earnings and earnings-related contributions.

(2B)

The return required by sub-paragraph (2A) shall include a statement and declaration in a form prescribed by HMRC containing a list of all deductions working sheets in accordance with paragraph 6(1A) of this Schedule in respect of that year, and shall also include a certificate showing—

(a)

the total amount of earnings-related contributions originally payable (in accordance with sub-paragraph (2)(a)) in respect of each employee to whom sub-paragraph (2A) applies;

(b)

the total amount of earnings-related contributions originally payable (in accordance with sub-paragraph (2)(b)) in respect of all employees to whom sub-paragraph (2A) applies;

(c)

the total amount of revised earnings-related contributions payable in respect of each of those employees;

(d)

the total amount of revised earnings-related contributions payable in respect of all those employees,

(e)

the difference between the amount certified in paragraph (b) and paragraph (d) of this sub-paragraph in respect of all of those employeesF32.

F33(f)

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

F34(3)

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

(4)

If the employer is a body corporate, F35the declarations and F36the certificates referred to in F37sub-paragraphs (2) and (2B) shall be signed by the secretary or by a director of the body corporate.

(5)

If, within 14 days of the end of any year, an employer has failed to pay to the HMRC the total amount of earnings-related contributions which he is liable so to pay, the HMRC may prepare a certificate showing the amount of such contributions remaining unpaid for the year in question, excluding any amount deducted by the employer by virtue of the Compensation of Employers Regulations.

The provisions of paragraph 17 shall apply with any necessary modifications to the amount shown in that certificate.

(6)

Notwithstanding sub-paragraphs (2) to (5), F38the returns referred to in sub-paragraphs (1) and (2A) may be made in such other form as HMRC and the employer approve, and in that case—

(a)

sub-paragraphs (2) to (5) shall not apply; and

(b)

the making of F39the returns shall be subject to such conditions as HMRC may direct as to the method of making it.

(7)

F40Section 98A of the Taxes Management Act 1970 (special penalties in the case of certain returns) and Schedule 24 to the Finance Act 2007 (penalties for errors) as that Schedule applies to income tax returns as modified by the provisions of paragraph 7 of Schedule 1 to the Act shall apply in relation to the requirement to make a return contained in sub-paragraph (1) F41and (2A).

Annotations

Textual amendments

F1

Sch. 4 para. 22(A1) inserted (6.4.2012) by The Social Security (Contributions) (Amendment No. 3) Regulations 2012 (S.I. 2012/821), regs. 1(1), 12

F2

Word in Sch. 4 para. 22(A1) substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Contributions) (Amendment and Application of Schedule 38 to the Finance Act 2012) Regulations 2013 (S.I. 2013/622), regs. 1, 18

F3

Words in Sch. 4 para. 22(1) substituted (6.4.2004) by The Social Security (Contributions, Categorisation of Earners and Intermediaries) (Amendment) Regulations 2004 (S.I. 2004/770), regs. 1(1), 32(12)(a)

F4

Word in Sch. 4 para. 22 substituted (6.4.2007) by The Social Security Contributions (Consequential Provisions) Regulations 2007 (S.I. 2007/1056), regs. 1, 8(11)

F5

Words in Sch. 4 para. 22(1)(c)(i) 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), 16(5)(a)(i)

F6

Words in Sch. 4 para. 22(1)(c)(i) substituted (6.4.2016) by The Social Security (Contributions) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/352), regs. 1, 18(d)(i) (with reg. 20)

F7

Sch. 4 para. 22(1)(c)(ii) omitted (with effect in accordance with reg. 1(1) of the amending S.I.) by virtue of The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 16(5)(a)(ii)

F8

Sch. 4 para. 22(1)(c)(iii) omitted (with effect in accordance with reg. 1(1) of the amending S.I.) by virtue of The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 16(5)(a)(ii)

F9

Word in Sch. 4 para. 22(1)(d) omitted (with effect in accordance with reg. 1(1) of the amending S.I.) by virtue of The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 16(5)(b)

F10

Sch. 4 para. 22(1)(da)-(db) inserted (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), 16(5)(b)

F11

Word in Sch. 4 para. 22(1)(da) omitted (5.4.2015) by virtue of The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 4(5)(a)(i) (with reg. 9)

F12

Words in Sch. 4 para. 22(1)(da) substituted (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 4(5)(a)

F13

Sch. 4 para. 22(1)(daa) omitted (5.4.2015) by virtue of The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 4(5)(a)(ii) (with reg. 9)

F14

Sch. 4 para. 22(1)(dc) and word inserted (5.3.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 4(5)(a)(iv)

F15

Word in Sch. 4 para. 22(1)(db) omitted (6.4.2020) by The Social Security (Contributions) (Amendment) Regulations 2020 (S.I. 2020/239), regs. 1, 2(3)(d)(i)(aa) (which amendment was extended to N.I. (6.4.2022) by S.I. 2022/384, reg. 3)

F16

Sch. 4 para. 22(1)(dd) and word inserted (6.4.2020) by The Social Security (Contributions) (Amendment) Regulations 2020 (S.I. 2020/239), regs. 1, 2(3)(d)(i)(bb) (which amendment was extended to N.I. (6.4.2022) by S.I. 2022/384, reg. 3)

F17

Word in Sch. 4 para. 22(1)(dc) omitted (E.W.S.) (6.4.2025) by virtue of The Social Security (Contributions) (Amendment No. 4) Regulations 2025 (S.I. 2025/328), regs. 1, 2(3)(d)(i)(aa)

F18

Sch. 4 para. 22(1)(de) and word inserted (E.W.S.) (6.4.2025) by The Social Security (Contributions) (Amendment No. 4) Regulations 2025 (S.I. 2025/328), regs. 1, 2(3)(d)(i)(bb)

F19

Sch. 4 para. 22(1)(e)(2)(e) omitted (6.4.2012) by virtue of The Social Security (Contributions) (Amendment No. 3) Regulations 2012 (S.I. 2012/821), regs. 1(1), 27(c)

F20

Sch. 4 para. 22(2)(c) omitted (6.4.2016) by virtue of The Social Security (Contributions) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/352), regs. 1, 18(d)(ii) (with reg. 20)

F21

Word in Sch. 4 para. 22(2)(d) omitted (with effect in accordance with reg. 1(1) of the amending S.I.) by virtue of The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 16(5)(c)

F22

Sch. 4 para. 22(2)(da)-(db) inserted (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), 16(5)(c)

F23

Word in Sch. 4 para. 22(2)(da) omitted (5.4.2015) by virtue of The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 4(5)(b)(i) (with reg. 9)

F24

Words in Sch. 4 para. 22(2)(da) substituted (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 4(5)(c)

F25

Sch. 4 para. 22(2)(daa) omitted (5.4.2015) by virtue of The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 4(5)(b)(ii) (with reg. 9)

F26

Sch. 4 para. 22(2)(dc) and word inserted (5.3.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 4(5)(b)(iv)

F27

Word in Sch. 4 para. 22(2)(db) omitted (6.4.2020) by The Social Security (Contributions) (Amendment) Regulations 2020 (S.I. 2020/239), regs. 1, 2(3)(d)(ii)(aa) (which amendment was extended to N.I. (6.4.2022) by S.I. 2022/384, reg. 3)

F28

Sch. 4 para. 22(2)(dd) and word inserted (6.4.2020) by The Social Security (Contributions) (Amendment) Regulations 2020 (S.I. 2020/239), regs. 1, 2(3)(d)(ii)(bb) (which amendment was extended to N.I. (6.4.2022) by S.I. 2022/384, reg. 3)

F29

Word in Sch. 4 para. 22(2)(dc) omitted (E.W.S.) (6.4.2025) by virtue of The Social Security (Contributions) (Amendment No. 4) Regulations 2025 (S.I. 2025/328), regs. 1, 2(3)(d)(ii)(aa)

F30

Sch. 4 para. 22(2)(de) and word inserted (E.W.S.) (6.4.2025) by The Social Security (Contributions) (Amendment No. 4) Regulations 2025 (S.I. 2025/328), regs. 1, 2(3)(d)(ii)(bb)

F31

Sch. 4 para. 22(2A)(2B) inserted (6.4.2007) by The Social Security Contributions (Consequential Provisions) Regulations 2007 (S.I. 2007/1056), regs. 1, 8(12)

F32

Sch. 4 para. 22(2B)(e) substituted (6.4.2016) by The Social Security (Contributions) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/352), regs. 1, 18(d)(iii)(aa) (with reg. 20)

F33

Sch. 4 para. 22(2B)(f) omitted (6.4.2016) by virtue of The Social Security (Contributions) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/352), regs. 1, 18(d)(iii)(bb) (with reg. 20)

F34

Sch. 4 para. 22(3) omitted (6.10.2014) by virtue of The Social Security (Contributions) (Amendment No. 4) Regulations 2014 (S.I. 2014/2397), regs. 1(1), 3(6)

F35

Words in Sch. 4 para. 22(4) substituted (6.4.2007) by The Social Security Contributions (Consequential Provisions) Regulations 2007 (S.I. 2007/1056), regs. 1, 8(13)(a)

F36

Words in Sch. 4 para. 22(4) substituted (6.4.2007) by The Social Security Contributions (Consequential Provisions) Regulations 2007 (S.I. 2007/1056), regs. 1, 8(13)(b)

F37

Words in Sch. 4 para. 22(4) substituted (6.4.2007) by The Social Security Contributions (Consequential Provisions) Regulations 2007 (S.I. 2007/1056), regs. 1, 8(13)(c)

F38

Words in Sch. 4 para. 22(6) substituted (6.4.2007) by The Social Security Contributions (Consequential Provisions) Regulations 2007 (S.I. 2007/1056), regs. 1, 8(14)(a)

F39

Words in Sch. 4 para. 22(6)(b) substituted (6.4.2007) by The Social Security Contributions (Consequential Provisions) Regulations 2007 (S.I. 2007/1056), regs. 1, 8(14)(b)

F40

Words in Sch. 4 para. 22(7) substituted (1.4.2008) by The Social Security (Contributions) (Amendment No. 3) Regulations 2008 (S.I. 2008/636), regs. 1(3)(a), 7(a)

F41

Words in Sch. 4 para. 22(7) added (6.4.2007) by The Social Security Contributions (Consequential Provisions) Regulations 2007 (S.I. 2007/1056), regs. 1, 8(15)

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.

Notes on Schedule 4

Textual amendments

F1

Sch. 4 heading substituted (6.4.2004) by The Social Security (Contributions, Categorisation of Earners and Intermediaries) (Amendment) Regulations 2004 (S.I. 2004/770), regs. 1(1), 29(2)