Amendment of the Income Tax (Pay as You Earn) Regulations 2003
7. After regulation 50 insert—
“Procedure in cases of retrospective earnings: code treated as issued by HMRC
50A.—(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 49 and 51 to 53 (Form P46 procedure and late presentation of Form P45).”.