PART 3DEDUCTION AND REPAYMENT OF TAX

CHAPTER 2NEW EMPLOYEES (OTHER THAN PENSIONERS): FORMS P45 AND P46

F1Procedure in cases of retrospective earnings: code treated as issued by HMRC50A

1

If—

a

as a result of a retrospective tax provision, a qualifying payment was made in a year (whether open or closed) to a person, and

b

a code has never been issued to the employer in respect of employment with whom that qualifying payment was made,

paragraph (2) applies.

2

Where this paragraph applies the higher rate code applicable to the year in which the qualifying payment was made is treated, for the purposes of Parts 2 to 4 (codes, deduction and repayment of tax, payments, information and returns) as having been issued by HMRC as the code for use in respect of the employee in relation to that year.

3

Paragraph (2) does not apply for the purposes of regulation 18 (objections and appeals) and regulations 46 to F249E and 51 to 53 (Form P46 procedure and late presentation of Form P45).