Employee’s duty to provide Form P45U.K.
Duty of employee to give new employer Form P45U.K.
40.—(1) An employee who has Parts 2 and 3 of Form P45 must give them to the new employer on commencing a new employment.
(2) If an employee receives Parts 2 and 3 of Form P45 after commencing a new employment, the employee must immediately give them to the new employer.
(3) [F1But paragraphs (4) and (6) apply] if an employee objects to the disclosure of the total payments to date to the new employer.
(4) [F2If the employer is a non-Real Time Information employer or a Real Time Information employer to whom HMRC has given a notice requiring the employer to send to HMRC Form P45 or Form P46 on the commencement of a new employee’s employment, the] employee may, instead of complying with paragraph (1) or (2), send Parts 2 and 3 of Form P45 to the Inland Revenue before commencing the new employment or as soon as the employee receives Form P45 (as the case may be).
(5) The Inland Revenue—
(a)must then issue a code in respect of the employee to the new employer, and
(b)may direct that the non-cumulative basis is to apply to all relevant payments which the new employer makes to the employee.
[F3(6) If the employer is a Real Time Information employer, the employee need not comply with paragraphs (1) and (2).]
Textual Amendments
F1Words in reg. 40(3) substituted (6.4.2012) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2012 (S.I. 2012/822), regs. 1(1), 9(a)
F2Words in reg. 40(4) substituted (6.4.2012) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2012 (S.I. 2012/822), regs. 1(1), 9(b)
F3Reg. 40(6) inserted (6.4.2012) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2012 (S.I. 2012/822), regs. 1(1), 9(c)
Commencement Information
[F4Duty of employee to assist with completion of new employee fields in returns under regulations 67B and 67DU.K.
40A.—(1) An employee who commences employment with a Real Time Information employer must provide the information required to allow the employer to complete the new employee fields in the first return required by regulation 67B (real time returns of information about relevant payments) or 67D (exceptions to regulation 67B) which includes information in respect of the employee.
(2) The employer must verify the information given under paragraph (1) before making that return.
(3) In this regulation, “the new employee fields” means the information required under paragraphs 36 to 44 of Schedule A1.]
Textual Amendments
F4Reg. 40A inserted (6.4.2012) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2012 (S.I. 2012/822), regs. 1(1), 10