Income Tax (Earnings and Pensions) Act 2003

222 Payments by employer on account of tax where deduction not possible U.K.

(1) This section applies if—

(a) an employer is treated by virtue of sections 687, [F1 687A,] 689 [F2 , 689A] and 693 to 700 as having made a payment of income of an employee (“the notional payment”),

(b) the employer is required by virtue of section 710(4) to account to [F3 an officer of Revenue and Customs] for an amount of income tax (“the due amount”) in respect of the notional payment, and

(c) the employee does not, before the end of the period of [F4 90 days] [F5 after the end of the tax year in which the relevant date falls], make good the due amount to the employer.

(2) The due amount is to be treated as earnings from the employment for the tax year in which the [F6 relevant date] falls.

(3) In this section “employer”, in relation to any provision of sections 687, [F7 687A,] 689, 693 to 700 or 710, means the person taken to be the employer for the purposes of that provision.

It also includes a person who is treated as making a payment of PAYE income by virtue of section 689(2) (payments by person for whom employee works but who is not the employer) [F8 or section 689A(3) (deemed payments of PAYE income of continental shelf workers by person other than employer)] .

[F9 (4) In this section “the relevant date” means—

(a) if the employer is treated by virtue of any Act as making the notional payment before the date on which the Act is passed, that date, and

(b) in any other case, the date on which the employer is treated as making the notional payment.]

Textual Amendments

F1 Word in s. 222(1)(a) inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 10

F2 Word in s. 222(1)(a) inserted (6.4.2014) by Finance Act 2014 (c. 26), s. 21(2)(a)(10)

F3 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F4 Words in s. 222(1)(c) substituted (with effect in accordance with s. 144(2) of the amending Act) by Finance Act 2003 (c. 14), s. 144(1)

F5 Words in s. 222(1)(c) substituted (with effect in accordance with s. 19(2) of the amending Act) by Finance Act 2014 (c. 26), s. 19(1)

F6 Words in s. 222(2) substituted (with effect in accordance with s. 94(5) of the amending Act) by Finance Act 2006 (c. 25), s. 94(2)(b); S.I. 2007/1081, art. 2

F7 Word in s. 222(3) inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 10

F8 Words in s. 222(3) inserted (6.4.2014) by Finance Act 2014 (c. 26), s. 21(2)(b)(10)

F9 S. 222(4) inserted (with effect in accordance with s. 94(5) of the amending Act) by Finance Act 2006 (c. 25), s. 94(2)(c); S.I. 2007/1081, art. 2

Modifications etc. (not altering text)

C1 S. 222 modified (6.4.2007) by The Finance Act 2006 (Section 94(5)) (PAYE: Retrospective Notional Payments — Appointment of Substituted Date) Order 2007 (S.I. 2007/1081), art. 2; as provided for by 2006 c. 25, s. 94(5)