The Income Tax (Pay As You Earn) Regulations 2003

Quarterly return if a car becomes available or unavailable (Form P46 (Car)) U.K.

90.—(1) This regulation applies if—

(a) [F1 section 120 (benefit of car treated as earnings) or 120A (benefit of a car treated as earnings: optional remuneration arrangements) of ITEPA treat] the benefit of a car as giving rise to an amount as earnings of an employee received in a tax year, and

(b) one or more of the following occurs in a tax quarter—

(i) the car becomes available;

(ii) the car becomes unavailable;

(iii) the car is available and the employee’s employment becomes subject to the benefits code (as defined by regulation 85(3)).

[F2 (1A) This regulation does not apply if—

(a) the reason a car becomes available or unavailable is that one is replaced with another; or

(b) Chapter 3A of these Regulations applies.]

(2) The employer must provide the [F3 HMRC] with the following information in respect of the employee not later than 28 days after the end of the tax quarter.

(3) The information is—

(a) the employee’s name,

(b) the employee’s national insurance number, if known,

(c) details of the car in question,

[F4 (d) any provisional sum as calculated pursuant to section 121A(1) of ITEPA]

(e) any capital sum contributed by the employee to expenditure on the provision of the car or on any qualifying accessory which is taken into account in so determining the interim sum in respect of the car,

(f) any amount which, as a condition of the car being available for the employee’s private use, the employee is required to pay in the tax year concerned for that use (whether by way of deduction from relevant payments or otherwise),

(g) whether any fuel is provided for private use.

(4) In this regulation—

“available” and “unavailable” are to be read in accordance with sections 116(1) and 143(2) of ITEPA (meaning of when car is available and unavailable to employee);

“qualifying accessory” has the meaning given in section 125 of ITEPA (meaning of accessory etc).

Textual Amendments

F1 Words in reg. 90(1) substituted (6.4.2018) by The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2017 (S.I. 2017/1263), regs. 1, 16(a)

F2 Reg. 90(1A) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2015 (S.I. 2015/1927), regs. 1(1), 9

F3 Words in reg. 90(2) substituted (with effect in accordance with reg. 1(2)(b) of the amending S.I.) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2009 (S.I. 2009/588), regs. 1(1), 9(b)

F4 Words in reg. 90(3)(d) substituted (6.4.2018) by The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2017 (S.I. 2017/1263), regs. 1, 16(b)