C2

C2

C4C7C5Part I Contributions

Annotations:

Class 4 contributions

15 Class 4 contributions recoverable under the Income Tax Acts.

1

Class 4 contributions shall be payable for any tax year in respect of all F20profits which—

a

are immediately derived from the carrying on or exercise of one or more trades, professions or vocations, F21...

b

F22are profits chargeable to income tax under Chapter 2 of Part 2 of the Income Tax (Trading and Other Income) Act 2005 for the year of assessment corresponding to that tax year F23and

c

are not profits of a trade, profession or vocation carried on wholly outside the United Kingdom.

2

Class 4 contributions in respect of profits F24... shall be payable—

a

in the same manner as any income tax which is, or would be, chargeable in respect of those profits F24... (whether or not income tax in fact falls to be paid), and

b

by the person on whom the income tax is (or would be) charged,

in accordance with assessments made from time to time under the Income Tax Acts.

C1F123

The amount of a Class 4 contribution under this section for any tax year is equal to the aggregate of—

a

the main Class 4 percentage of so much of the profits F25... referred to in subsection (1) above (computed in accordance with Schedule 2 to this Act) as exceeds F37£8,424 but does not exceed F38£46,350; and

b

the additional Class 4 percentage of so much of those profits F25... as exceeds F38£46,350;

but the figures specified in this subsection are subject to alteration under section 141 of the Administration Act.

3ZA

For the purposes of this Act—

C6a

the main Class 4 percentage is F309 per cent; and

b

the additional Class 4 percentage is F312 per cent;

but the main Class 4 percentage is subject to alteration under section 143 of the Administration Act.

F83A

Where income tax is (or would be) charged on a member of a limited liability partnership in respect of profits F26... arising from the carrying on of a trade or profession by the limited liability partnership, Class 4 contributions shall be payable by him if they would be payable were the trade or profession carried on in partnership by the members.

F274

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

5

For the purposes of this section the year of assessment which corresponds to a tax year is the year of assessment (within the meaning of the Tax Acts) which consists of the same period as that tax year.

16 Application of Income Tax Acts and destination of Class 4 contributions.

1

All the provisions of the Income Tax Acts, including in particular—

a

provisions as to assessment, collection, repayment and recovery, and

F1b

the provisions of Part VA (payment of tax) and Part X (penalties) of the Taxes Management Act 1970,F29and

c

the provisions of Schedules 55 and 56 to the Finance Act 2009 F32and of Schedule 38 to the Finance Act 2012,F35and

d

the provisions of Part 4 (follower notices and accelerated payments) and Part 5 (promoters of tax avoidance schemes) of the Finance Act 2014,F36and

e

the provisions of Schedule 18 to the Finance Act 2016 (serial tax avoidance),

shall, with the necessary modifications, apply in relation to Class 4 contributions under this Act and the Northern Ireland Contributions and Benefits Act as if those contributions were income tax chargeable under F28Chapter 2 of Part 2 of the Income Tax (Trading and Other Income) Act 2005 in respect of the profits of a trade, profession or vocation which is not carried on wholly outside the United Kingdom.

2

Subsection (1) above is subject to any provision made by or under—

a

sections 17(3) and (4) and 18 below;

b

sections 17(3) and (4) and 18 of the Northern Ireland Contributions and Benefits Act; and

c

Schedule 2 to this Act.

3

Schedule 2 to this Act has effect for the application or modification, in relation to Class 4 contributions under this Act and the Northern Ireland Contributions and Benefits Act, of certain provisions of the Income Tax Acts, and the exclusion of other provisions, and generally with respect to the contributions.

F24

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

F135

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

17 Exceptions, deferment and incidental matters relating to Class 4 contributions.

1

F3The Inland Revenue may by regulations provide—

a

for excepting persons from liability to pay Class 4 contributionsF14, or any prescribed part of such contributions, in accordance with sections 15 and 16(1) to (3) above; or

b

for deferring any person’s liability,

F6...

2

Exception from liability, or deferment, under subsection (1) above may, in particular, be by reference—

a

to a person otherwise liable for contributions being under a prescribed age at the beginning of a tax year;

b

to a person having attained pensionable age;

c

to a person being in receipt of earnings in respect of which primary Class 1 contributions are, or may be, payable; or

d

to a person not satisfying prescribed conditions as to residence or presence in the United Kingdom.

3

F4The Inland Revenue may by regulations provide for any incidental matters arising out of the payment of any Class 4 contributions recovered by the Inland Revenue, including in particular the return, in whole or in part, of such contributions in cases where—

a

payment has been made in error; or

b

repayment ought for any other reason to be made.

4

F4The Inland Revenue may by regulations provide for any matters arising out of the deferment of liability F15to pay Class 4 contributions, or any part of such contributions, under subsection (1) above, including in particular provision for the amount of a person’s profits or gains (as computed in accordance with Schedule 2 to this Act) to be certified by the Inland Revenue to F7... the person liable.

F165

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

F56

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

18 Class 4 contributions recoverable under regulations.

C31

F9The Inland Revenue may by regulations make provision so that where—

a

an earner, in respect of any one or more employments of his, is treated by regulations under section 2(2)(b) above as being self-employed; and

b

in any tax year he has earnings from any such employment (one or more) which fall within paragraph (b)(i) of F34subsection (8) of section 11 above but is not liable for a higher weekly rate of Class 2 contributions by virtue of regulations under that subsection; and

c

the total of those earnings exceeds F39£8,424,

he is to be liable, in respect of those earnings, to pay a Class 4 contribution F18....

F171A

The amount of a Class 4 contribution payable by virtue of regulations under this section is equal to the aggregate of—

a

the main Class 4 percentage of so much of the total of the earnings referred to in subsection (1)(b) above as exceeds F39£8,424 but does not exceed F40£46,350; and

b

the additional Class 4 percentage of so much of that total as exceeds F40£46,350;

but the figures specified in this subsection are subject to alteration under section 141 of the Administration Act.

2

F11In relation to Class 4 contributions payable by virtue of regulations under this section, F10regulations made by the Inland Revenue may

a

apply any of the provisions of Schedule 1 to this Act (except a provision conferring power to make regulations); and

b

make any such provision as may be made by regulations under that Schedule, except paragraph 6 F19or 7BZA.

18AF33Class 4 contributions: partnerships

1

The Treasury may by regulations—

a

modify the way in which liabilities for Class 4 contributions of a partner in a firm are determined, or

b

otherwise modify the law relating to Class 4 contributions,

as they consider appropriate to take account of the passing or making of a provision of the Income Tax Acts relating to firms or partners in firms.

2

Firm” has the same meaning as in the Income Tax (Trading and Other Income) Act 2005 (and includes a limited liability partnership in relation to which section 863(1) of that Act applies); and “partner” is to be read accordingly and includes a former partner.

3

Regulations under this section may have retrospective effect; but they may not have effect before the beginning of the tax year in which they are made.