PART 3DEDUCTION AND REPAYMENT OF TAX
CHAPTER 1DEDUCTION AND REPAYMENT
Employee’s duty to provide Form P45
Duty of employee to give new employer Form P4540
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
F2But paragraphs (4) and (6) apply if an employee objects to the disclosure of the total payments to date to the new employer.
4
F3If 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.
F16
If the employer is a Real Time Information employer, the employee need not comply with paragraphs (1) and (2).