The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2017

Amendment of the Income Tax (Pay As You Earn) Regulations 2003

17.  For paragraph 22B(1) of Schedule A1(2) (real time returns) substitute—

“22B.— (1) If applicable, an indication that comprised within the payment is an amount treated as a payment of PAYE income under regulation 61B (PAYE: benefits in kind) and, if so, the amount of the specified benefit in respect of which tax has been deducted.

(2) If the benefit is a car—

(a) in the first return in which the benefit of the car is included as a relevant payment, the following information in relation to that car—

(i) the make and model of the car,

(ii) if the car is a car with a CO2 emission figure within section 134(1) of ITEPA, the car’s CO2 emission figure determined by section 135, 136, 137 or 138 of ITEPA, as the case may be,

(iii) the type of fuel or power the car uses,

(iv) the calculated price of the car,

(v) the cash equivalent of the car or amount foregone in respect of the car, determined under regulation 61E and either section 121 or 121A of ITEPA, as the case may be,

(vi) the date on which the car was first made available,

(vii) the cash equivalent or the amount foregone in respect of any fuel provided for the car, determined under regulation 61F and either section 149A or 150 of ITEPA as the case may be, and

(viii) the date on which fuel has been provided for the car,

(b) if the car ceases to be available, in the next return following the cessation, the date the car became unavailable,

(c) if fuel has been provided for the car and ceases to be provided, in the next return following the cessation, the date the fuel ceased to be provided, and

(d) where an employer becomes aware of an inaccuracy in a return submitted under sub-paragraphs (a) to (c) above, the employer must provide the correct information in the next return for that tax year.

(3) In this paragraph—

“amount foregone” has the meaning given in section 69B(3) of ITEPA,

“available” is to be read in accordance with section 116(1) of ITEPA (meaning of when a car or van is available to an employee),

“calculated price of the car” and “cash equivalent” are to be read in accordance with section 121 of ITEPA (method of calculating the cash equivalent of the benefit of a car)”, and

“unavailable” is to be read in accordance with section 143(2) of ITEPA (deduction for periods when car unavailable).”.

(1)

Paragraph 22B was inserted by the Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2015, S.I. 2015/1927.

(2)

Schedule A1 was inserted by the Income Tax (Pay As You Earn) (Amendment) Regulations 2012, S.I. 2012/822.

(3)

Section 69B was inserted into ITEPA by paragraph 1 of Schedule 2 to the Finance Act 2017 (c. 10).