SCHEDULE 4F9Provisions derived from the Income Tax Acts and the Income Tax (Pay As You Earn) Regulations 2003
PART II DEDUCTION OF EARNINGS-RELATED CONTRIBUTIONS
Calculation of deduction7
1
Subject to sub-paragraph (2), on making any payment of F40F10... earnings to the employee, the employer may deduct from those F40F10... earnings the amount of the earnings-related contributions based on those F40F10... earningsF23... which the employee is liable to pay under section 6(4) of the Act F30(the “section 6(4)(a) amount”).
F451A
F491B
In sub-paragraph (1A) “chain payment”, “deemed direct earnings” and “deemed employer” have the meanings given in regulations 14(2)(a), 14(3) and 20(5) respectively of the Social Security Contributions (Intermediaries) Regulations 2000.
2
Where two or more payments of F40F10... earnings fall to be aggregated, the employer may deduct the amount of the earnings-related contributions based on those F40F10... earnings, which are payable by the employee, either wholly from one such payment or partly from one and partly from the other or any one or more of the others.
F263
If the employer–
a
he may recover, in a case falling within paragraph (a) the amount not so deducted or, in a case falling within paragraph (b) the section 6(4)(a) amount, by deduction from any subsequent payment of F40F10... earnings made by the employer to that employee during F5the same year and, where the case falls within paragraph (b) F11or sub-paragraph 4(a) or (f).
This sub-paragraph is subject to sub-paragraphs (4) and (5).
F313A
Where an amount has been treated as retrospective earnings paid to or for the benefit of an employee, the employer may deduct the retrospective contributions based on those earnings from any payment of F40... earnings made by him to that employee—
a
after the relevant retrospective contributions regulations come into force, and
b
during the same and the following year.
This sub-paragraph is subject to sub-paragraph (5).
4
Sub-paragraph (3) applies only where—
a
the under-deduction occurred by reason of an error made by the employer in good faith;
b
F41c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
5
For the purposes of sub-paragraphs (3), F32(3A), (4), (8) and (11)—
a
the amount which by virtue of those sub-paragraphs may be deducted from any payment, or from any payments which fall to be aggregated, shall be an amount in addition to, but not in excess of, the amount deductible from those payments under the other provisions of this Schedule; and
b
for the purposes of Part III of this Schedule an additional amount which may be deducted by virtue of those sub-paragraphs F24in a case falling within paragraph (a) of any of those sub-paragraphs F33except sub-paragraph (3A) shall be treated as an amount deductible under this Schedule only in so far as the amount of the corresponding under-deduction has not been so treated.
F6This is subject to the following qualification.
F75A
Where a payment—
a
falls within sub-paragraph (4)(e) F22or (f),
b
comprises a beneficial interest in F8securities, or
c
is treated as earnings within the meaning of Part 7 of the Income Tax (Earnings and Pensions) Act 2003,
sub-paragraph (5B) applies.
5B
If this sub-paragraph applies—
a
sub-paragraph (5)(a) shall have effect as if “, but not in excess of,” were omitted; and
b
sub-paragraph (8) shall have effect as if at the end there were added “or the following year”
6
Sub-paragraph (8) applies where an employer makes a payment consisting either soley of non-monetary earnings, or a combination of monetary and non-monetary earnings, to—
a
an employee;
b
an ex-employee,
and at the time of the payment of those earnings there are no, or insufficient, monetary earnings from which the employer could deduct the F29section 6(4)(a) amount.
7
In sub-paragraph (6)(b) “ex-employee” means a person who—
a
ceases to be employed by the employer in a particular year (“the cessation year”); and
b
receives such earnings from the employer after the cessation of employment but in the cessation year.
F288
Where, in the circumstances specified in sub-paragraph (6), the employer–
a
does not deduct from the earnings referred to in that sub-paragraph the full section 6(4)(a) amount, or
he may recover, in a case falling within paragraph (a) the amount not so deducted or, in a case falling within paragraph (b) the section 6(4)(a) amount, by deduction from any subsequent payment of monetary earnings to that employee, or ex-employee (as the case may be) during the same year.
This sub-paragraph is subject to sub-paragraph (5).
9
Sub-paragraph (11) applies if—
a
a person (“the ex-employee”) ceases in a particular tax year (“the cessation year”) to be employed by a particular employer (“the employer”); and
b
the ex-employee receives from the employer in the cessation year, after the cessation of employment, earnings in the form of—
i
a beneficial interest in F15securities,
ii
iii
any gain on which the ex-employee is chargeable to tax by virtue of F17section 4(4)(a) of the Act; and
c
at the time of the payment of those earnings there are no monetary earnings, or insufficient monetary earnings, from which the employer could deduct the F27section 6(4)(a) amount.
F1810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19...
11
Where, in the circumstances specified in sub-paragraph (9), the employer has not deducted, from the earnings referred to in sub-paragraph (9)(b), the full amount of earnings-related contributions which by virtue of this Schedule he is entitled to deduct, he may, without prejudice to sub-paragraph (8) but subject to sub-paragraph (12)(b), recover the amount so under-deducted by deduction from the proceeds of sale of some, or all, of—
a
the F20securities referred to in of sub-paragraph 9(b)(i) and (ii); or
b
the F20securities which form the subject matter of the option referred to in sub-paragraph (9)(b)(iii).
12
For the purposes of sub-paragraph (11)—
a
the whole of the amount under-deducted may be recovered from the proceeds of sale of some, or all, of the F20securities referred to in that sub-paragraph; and
b
the employee’s prior written consent to that sale and the recovery of all or part of the under-deduction from the proceeds thereof, shall be required.
13
Subject to sub-paragraph (14), the employer shall record on the deductions working sheet for that employee the name and national insurance number of the employee, the year to which the working sheet relates, the appropriate category letter in relation to the employee (being the appropriate category letter indicated by the Board) and, in so far as relevant to that category letter, the following particulars regarding every payment of F40F10... earnings which he makes to the employee namely—
a
the date of payment;
b
the amount of—
i
earnings up to and including the current lower earnings limit where earnings equal or exceed that figure,
F36ii
earnings which exceed the current lower earnings limit but do not exceed the current primary threshold,
F35iii
earnings which exceed the current primary threshold but do not exceed the F42current upper earnings limit,
F43iiia
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4iv
the sum of the primary Class 1 contributions and secondary Class 1 contributions payable on all the employee’s earnings, other than contributions recovered under sub-paragraph (3); and
v
the primary Class 1 contributions payable on the employee’s earnings;
vi
any statutory maternity pay;
F39viia
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ix
any statutory shared parental payF47; and
x
any statutory parental bereavement pay.
F44...
F2c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
Where 2 or more payments of F40F10... earnings fall to be aggregated, the employer, instead of recording under heads (iv) and (v) of sub-paragraph (13)(b) separate amounts in respect of each such payment, shall under each head record a single amount, being the total of the contributions appropriate to the description specified in that head, in respect of the aggregated payments.
15
When an employer pays F40F10... earnings he shall record under the name of the employee to whom he pays the F40F10... earnings—
a
the date of payment;
c
any allowable F21pension contributions;
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)