Textual Amendments
F1Reg. 68 cross-heading omitted (6.4.2012) by virtue of The Income Tax (Pay As You Earn) (Amendment) Regulations 2012 (S.I. 2012/822), regs. 1(1), 27(a)
70.—(1) This regulation applies, so that the tax period is a tax quarter, if an employer—
(a)has reasonable grounds for believing that the average monthly amount will be less than £1,500, and
(b)chooses to pay tax quarterly.
[F2(1A) But this regulation does not apply, so that the tax period remains a month, in respect of amounts of retrospective employment income.]
(2) “The average monthly amount” is the average, for tax months falling within the current tax year, of the amounts found by the formula—
[F3(P + N + L + S) − (SP + CD)]
(3) In paragraph (2)—
P is the amount which would be payable to the Inland Revenue under regulation [F467G [F5, as adjusted by regulation 67H(2) where appropriate,] or] 68 [F6but disregarding any amount payable in respect of retrospective employment income] F7...;
N is the amount which would be payable to the Inland Revenue under the SSCBA and the SSC Regulations disregarding—
any amount of secondary Class 1 contributions in respect of which liability has been transferred to the employed earner by an election made jointly by the employed earner and the secondary contributor for the purposes of paragraph 3B(1) of Schedule 1 to the SSCBA (transfer of liability to be borne by earner)(1); F8...
[F9any amount payable under retrospective contributions regulations (see paragraph 1(2) of Schedule 4 to the SSC Regulations) in respect of retrospective earnings (within the meaning of those Regulations);]
F8...
L is the amount which would be payable to the Inland Revenue under regulation [F1054(1) or, in Northern Ireland, 49(1)] of the Student Loans Regulations (payment of repayments deducted to the Inland Revenue) disregarding—
S is the amount which would be payable by the employer to the Inland Revenue under sections 559 and 559A of ICTA(2) (deduction on account of tax etc from payments to certain sub-contractors) and regulation 8 of the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993(3)F11...;
F12...
SP is the amount which would be payable by the employer to employees by way of statutory sick pay, statutory maternity pay, [F13ordinary statutory paternity pay, additional statutory paternity pay] [F14, statutory shared parental pay] and statutory adoption pay under the SSCBA; and
CD is—
if the employer is a company, the amount which others would deduct from payments to it, in its position as a sub-contractor, under section 559 of ICTA (deduction on account of tax etc from payments to certain sub-contractors);
in any other case, nil.
(4) In this regulation—
“employed earner” has the same meaning as in the SSCBA;
“SSCBA” means the Social Security Contributions and Benefits Act 1992(4) or, in Northern Ireland, the Social Security Contribution and Benefits (Northern Ireland) Act 1992(5);
F15...
F15...
F16...
F16...
Textual Amendments
F2Reg. 70(1A) inserted (6.4.2007) by The Income Tax (Pay as You Earn) (Amendment) Regulations 2007 (S.I. 2007/1077), regs. 1, 14(2)
F3Formula in reg. 70(2) substituted (6.4.2006) by The Income Tax (Pay As You Earn, etc.), (Amendment) Regulations 2006 (S.I. 2006/777), regs. 1(1), 3(a)
F4Words in reg. 70(3) inserted (6.4.2012) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2012 (S.I. 2012/822), regs. 1(1), 31
F5Words in reg. 70(3) inserted (6.4.2013 with application in relation to the tax year 2013-14 and subsequent tax years) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2013 (S.I. 2013/521), regs. 1(2), 28
F6Words in reg. 70(3) inserted (6.4.2007) by The Income Tax (Pay as You Earn) (Amendment) Regulations 2007 (S.I. 2007/1077), regs. 1, 14(3)(a)
F7Words in reg. 70(3) omitted (6.4.2006) by virtue of The Income Tax (Pay As You Earn, etc.), (Amendment) Regulations 2006 (S.I. 2006/777), regs. 1(1), 3(b)(i)
F8Words in reg. 70(3) omitted (6.4.2006) by virtue of The Income Tax (Pay As You Earn, etc.), (Amendment) Regulations 2006 (S.I. 2006/777), regs. 1(1), 3(b)(iii)
F9Words in reg. 70(3) inserted (6.4.2007) by The Income Tax (Pay as You Earn) (Amendment) Regulations 2007 (S.I. 2007/1077), regs. 1, 14(3)(b)
F10Words in reg. 70(3) substituted (6.4.2012) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2012 (S.I. 2012/822), regs. 1(1), 63
F11Words in reg. 70(3) omitted (6.4.2006) by virtue of The Income Tax (Pay As You Earn, etc.), (Amendment) Regulations 2006 (S.I. 2006/777), regs. 1(1), 3(b)(ii)
F12Words in reg. 70(3) omitted (6.4.2006) by virtue of The Income Tax (Pay As You Earn, etc.), (Amendment) Regulations 2006 (S.I. 2006/777), regs. 1(1), 3(b)(iv)
F13Words in reg. 70(3) substituted (14.11.2010) by The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2010 (S.I. 2010/2496), regs. 1, 3
F14Words in reg. 70(3) inserted (26.2.2015) by The Statutory Shared Parental Pay (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/125), regs. 1(2), 3(b), 5 (with reg. 6)
F15Words in reg. 70(4) omitted (6.4.2008) by The Income Tax (Pay As You Earn) (Amendment) Regulations 2008 (S.I. 2008/782), regs. 1, 4(5)
F16Words in reg. 70(4) omitted (6.4.2006) by virtue of The Income Tax (Pay As You Earn, etc.), (Amendment) Regulations 2006 (S.I. 2006/777), regs. 1(1), 3(c)
Commencement Information
I1Reg. 70 in force at 6.4.2004, see reg. 1
Paragraph 3B was inserted in Schedule 1 to the Social Security Contributions and Benefits Act 1992 (c. 4) by section 77(2) of the Child Support, Pensions and Social Security Act 2000 (c. 19), and in Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) by section 81(2) of the Child Support, Pensions and Social Security Act 2000.
Section 559 was amended by section 139 of, and paragraph 1 of Schedule 27 to, the Finance Act 1995 (c. 4), section 55(2) of the Finance Act 1998 (c. 36), Part 3(1) of Schedule 40 to the Finance Act 2002 (c. 23), paragraph 58 of Schedule 6 to ITEPA and by S.I. 1989/2405 (N.I. 19); section 559A was inserted by section 40(1) of the Finance Act 2002.
S.I. 1993/743.