PART 10INCOME AND CAPITAL

CHAPTER 4Self-employed earners

Deduction of tax and contributions for self-employed earners99

1

Subject to paragraph (2), the amount to be deducted in respect of income tax under regulation 98(1)(b)(i), (3)(b)(i) or (9)(a)(i) (calculation of net profit of self-employed earners) is to be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at the F4... F9basic rate, or in the case of a Scottish taxpayer, the Scottish basic rate, of tax less only the personal reliefs to which the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 F1 as are appropriate to the claimant’s circumstances.

2

If the period determined under regulation 92 is less than a year the earnings to which the F5basic rateF10, or the Scottish basic rate, of tax is to be applied and the amount of the personal reliefs deductible under F11paragraph (1) are to be calculated on a pro rata basis.

3

The amount to be deducted in respect of National Insurance contributions under regulation 98(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) is to be the total of—

a

the amount of Class 2 contributions payable under section F611(2) or, as the case may be, F711(8) of the Contributions and Benefits Act F2 at the rate applicable at the date of claim except where the claimant's chargeable income is less than the amount specified in section 11(4) of that Act (F8small profits threshold) for the tax year in which the date of claim falls; but if the assessment period is less than a year, the amount specified for that tax year is to be reduced pro rata; and

b

the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act F3 (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits are to be reduced pro rata.

4

In this regulation “chargeable income” means—

a

except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (3)(a) or, as the case may be, (4) of regulation 98;

b

in the case of employment as a child minder, one-third of the earnings of that employment.