Income Tax Citation, commencement and effect 1 1 These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2015 and come into force on 14th December 2015. 2 Regulations 4 and 5 have effect in relation to relevant payments made in the tax year 2016-17. 3 Regulations 7(a), 7(b), 8, 10, 11, 12, 13, and 14(b) have effect in relation to any returns and information provided for the tax year 2016-17 and subsequent tax years. 4 Regulations 6, 7(c), 9 and 14(a) have effect in relation to specified benefits provided on or after 6th April 2016. Amendment of the Income Tax (Pay As You Earn) Regulations 2003 2 The Income Tax (Pay As You Earn) Regulations 2003 are amended as provided for in regulations 3 to 14. 3 In regulation 2 (interpretation) omit the definition of “Scottish rate”. 4 In regulation 4 (relevant payments)— a omit sub-paragraph (1)(d); b in paragraph (2) omit the definition of “excluded business expenses”. 5 Omit regulation 5 (excluded business expenses). 6 In Part 3 (deduction and repayment of tax) after Chapter 3 (new pensioners: forms P45 and P46) insert— CHAPTER 3A BENEFITS IN KIND Interpretation 61A In this Chapter— “authorised employer” has the meaning given by regulation 61C; “main relevant payment” means the relevant payment normally made to the specified employee at regular intervals of a week or more; “making good payment” means the payment referred to in regulation 61E(2) or 61G(2)(b); “specified benefit” means any benefit treated as earnings under Chapter 6 (cars, vans and related benefits) or Chapter 10 (residual liability to charge) of Part 3 of ITEPA (employment income: earnings and benefits etc. treated as earnings); “specified employee” means an employee to whom an authorised employer provides a specified benefit; “Taxable Amount of the Benefit” has the meaning given in regulation 61D(1). PAYE : benefits in kind 61B 1 This Chapter applies where during a tax year an authorised employer provides a specified benefit to a specified employee. 2 Where this Chapter applies— a the specified benefit is to be treated as a payment of PAYE income for the purposes of these Regulations; and b any reference (howsoever expressed) in these Regulations to relevant payment includes an amount in respect of the provision of a specified benefit, such amount to be determined in accordance with regulations 61D, 61H, 61I, 61J, 61K and 61L, as the case may be; but this is subject to paragraph (3). 3 An amount determined in accordance with regulation 61D, 61H, 61I, 61J, 61K or 61L, as the case may be, is not to be included as a relevant payment for the purpose of calculating whether the deduction of tax would exceed the overriding limit . Authorised employer 61C 1 An employer is an authorised employer in respect of a specified employee for a tax year for the purposes of this Chapter if— a HMRC has authorised that employer to make— i deductions of income tax in respect of the provision of a specified benefit from payments which that employer actually makes of, or on account of, PAYE income of that employee; or ii repayments of such income tax; and b such authorisation has not been withdrawn. 2 An employer will be authorised by HMRC if the conditions set out in paragraph (3) are met. 3 The conditions are that— a before the start of the tax year the employer has made an application for authorisation in respect of one or more specified employees to HMRC; and b such an application identifies the specified benefit or benefits that will be provided to the specified employees. 4 But in cases falling within paragraph (5), an employer may make an application for authorisation in respect of one or more specified employees during a tax year. 5 The cases are that— a a specified benefit or benefits is to be provided to the specified employees referred to in the application for the first time during the tax year; b a specified benefit or benefits is to be provided to an employee upon commencement of employment and the employer is already an authorised employer for the purposes of this Chapter; or c the application made before the start of the tax year contained an error. 6 If during the tax year an authorised employer notifies HMRC that the application for authorisation is withdrawn in respect of the specified employees identified in the notification, then the employer will cease to be an authorised employer in respect of those specified employees from the end of the tax year in which that notice is given. 7 But in cases falling within paragraph (8), where an authorised employer notifies HMRC the application for authorisation is withdrawn in respect of the specified employees identified in the notification, then the employer will cease to be an authorised employer in respect of those employees from the date that the notification is received by HMRC. 8 The cases are— a the relevant payment actually made to the specified employee named in the withdrawal notification will be insufficient to enable the authorised employer to deduct the full amount of tax due in respect of the relevant payment; b that during the tax year the authorised employer stops providing a specified benefit or benefits to the specified employees identified in the withdrawal notification and the Revised Taxable Amount of the Benefit provided is nil; or c the application made before the start of the year contained an error. 9 Any application or notice must be made to HMRC using an approved method of electronic communication unless the employer is one to whom regulation 67D applies. 10 For the purposes of this regulation, “Revised Taxable Amount of the Benefit” means the result of the calculation at step 3 of regulation 61I(2), as applied by regulation 61J(2). Deduction and repayments of tax: general rule 61D 1 Where this Chapter applies an authorised employer must take the following steps— Step 1 Before making the first main relevant payment to a specified employee in a tax year, the cash equivalent of the specified benefit or benefits to be provided in that tax year must be determined in accordance with regulation 61E, 61F or 61G (methods of calculating the cash equivalent of specified benefits), as the case may be. Step 2 Determine the number of main relevant payments to be made to the specified employee in that tax year. Step 3 Divide the amount obtained from step 1 by the number obtained from step 2. The resulting amount is the Taxable Amount of the Benefit. Step 4 Add the Taxable Amount of the Benefit to the first main relevant payment. Step 5 Deduct or repay tax on the amount obtained at step 4 in accordance with these Regulations by reference to the employee’s code if the employer has one for the employee, even if the code is the subject of an objection or appeal. 2 On making any subsequent main relevant payment in the tax year the authorised employer must add the Taxable Amount of the Benefit to that payment and apply step 5 of paragraph (1) to that amount. 3 This regulation is subject to regulations 61H, 61I, 61J, 61K and 61L (modifications to the general rule). Method of calculating the cash equivalent of the benefit of a car or van 61E 1 Where the specified benefit is the provision of a car or a van the cash equivalent of that benefit is calculated in accordance with section 121 or 155 of ITEPA (cash equivalent of the benefit) , as the case may be. 2 For the purposes of paragraph (1), the authorised employer may take into account payments that the specified employee is required to make in the tax year as a condition of the car or van being available for that employee’s private use. Method of calculating the cash equivalent of the benefit of fuel 61F 1 Where the specified benefit is the provisions of car fuel or van fuel the cash equivalent of that benefit is calculated in accordance with section 150 or 161 of ITEPA (car fuel and van fuel: cash equivalent) , as the case may be. 2 For the purposes of paragraph (1), the authorised employer may take into account payments that the specified employee is required to make during the tax year in connection with the provision of fuel for that employee’s private use. Method of calculating the cash equivalent of employment-related benefits 61G 1 Where the specified benefit is any employment-related benefit the cash equivalent of the specified benefit is to be calculated in accordance with section 203 of ITEPA (cash equivalent of benefit treated as earnings). 2 For the purposes of paragraph (1), the authorised employer may make reasonable assumptions about— a the cost of a specified benefit to be incurred in a tax year where the cost is not known at the start of the tax year; and b payments that a specified employee is expected to make in the tax year to make good any part of the cost incurred in providing the benefit to that employee. Modification of the general rule: cessation of employment but continuing benefit 61H 1 This regulation applies instead of regulation 61D(2) if during a tax year the employment of a specified employee ceases but the authorised employer continues to provide the specified benefit to that employee. 2 Before the employment ceases the authorised employer must take the following steps— Step 1 Determine at that time the number of remaining main relevant payments to be made in the employment. Step 2 If the cost to the authorised employer of the specified benefit has changed, redetermine the cash equivalent in accordance with regulations 61E, 61F or 61G, as the case may be, otherwise the cash equivalent of the specified benefit is that previously determined for the tax year under step 1 of regulation 61D(1). The result is the revised cash equivalent of the specified benefit provided during the employment. Step 3 Calculate the taxable amount of the benefit provided to date by— a determining the number of main relevant payments that have been made to date, then b multiplying that number by the Taxable Amount of the Benefit obtained under step 3 of regulation 61D(1). Step 4 Subtract the taxable amount of the benefit provided to date (the amount obtained from step 3) from the revised cash equivalent of the benefit provided during the employment (the amount obtained from step 2). Step 5 Divide the amount obtained from step 4 by the number obtained at step 1. The result is the Adjusted Taxable Amount of the Benefit. Step 6 Add the Adjusted Taxable Amount of the Benefit to either— a the next main relevant payment, where that is the only main relevant payment remaining in the employment; or b each of the remaining main relevant payments, where the number of remaining main relevant payment determined under step 1 of paragraph (2) is more than one, and apply step 5 of regulation 61D(1) to that amount or amounts, as the case may be. Modification of the general rule: in-year adjustments: change to the benefit during the year with effect from the date of the change 61I 1 This regulation applies instead of regulation 61D(2) if during a tax year there is a change to the specified benefit provided to a specified employee and, for the purposes of calculating the cash equivalent of that benefit under ITEPA, that change has effect from the date the revised benefit is provided to the employee. 2 Subject to paragraph (4), the authorised employer must take the following steps— Step 1 Before making the next main relevant payment after the change to the specified benefit has taken effect, calculate the revised cash equivalent of the specified benefit by— a determining the cash equivalent of the specified benefit that has been provided in the tax year accordance with sections 121, 150, 155, 161 or 203 of ITEPA, as the case may be, then b determining the cash equivalent of the specified benefit, that will be provided for the remainder of the tax year, in accordance with regulation 61E, 61F or 61G, as the case may be, and c adding these numbers together. Step 2 Calculate the taxable amount of the benefit provided to date by— a determining the number of main relevant payments that have been made to date, then b multiplying that number by the Taxable Amount of the Benefit determined under step 3 of regulation 61D(1). Step 3 Subtract the taxable amount of the benefit provided to date (the amount obtained from step 2) from the revised cash equivalent of the specified benefit (the amount obtained from step 1). Step 4 Determine the number of remaining main relevant payments to be made in the tax year. Step 5 Divide the amount obtained from step 3 by the number obtained at step 4. The result, where the amount is a positive value, is the Increased Taxable Amount of the Benefit. The result, where the amount is a negative value, is the Reduced Taxable Amount of the Benefit. Step 6 Add the Increased Taxable Amount of the Benefit to, or subtract the Reduced Taxable Amount of the Benefit from, the next main relevant payment and apply step 5 of regulation 61D(1) to that amount. 3 On making any subsequent main relevant payment in that year, the employer must add the Increased Taxable Amount of the Benefit to, or subtract the Reduced Taxable Amount of the Benefit from, that payment and apply step 5 of regulation 61D(1) to that amount. 4 Where the change to the specified benefit occurs in the final tax month of a tax year and the authorised employer is not able to take the steps set out in paragraph (2) before the final main relevant payment for that year is made that employer must— a comply with steps 1 to 5 of paragraph (2) before the first main relevant payment of the next tax year (“tax year 2”) is made; b add the Increased Taxable Amount of the Benefit to, or subtract the Reduced Taxable Amount of the Benefit from, the first main relevant payment to be made in tax year 2; and c apply step 5 of regulation 61D(1) to that amount. Modification of the general rule: in-year adjustments: change to the benefit during the year with effect from the start of tax year and other changes 61J 1 This regulation applies if during a tax year: a there is a change to the specified benefit provided to a specified employee and, for the purposes of calculating the cash equivalent of that benefit under ITEPA, that change has effect from the start of the tax year; b the employer becomes aware that the cash equivalent of the specified benefit determined at the start of the year in accordance with regulation 61E, 61F or 61G (method of calculating the cash equivalent) is no longer accurate; c the employer will stop providing a specified benefit during the tax year; or d there is a change to the number of main relevant payments used to determine the Taxable Amount of the Benefit where the specified employee is paid at irregular intervals. 2 Where this regulation applies, regulation 61D(2) no longer applies and regulation 61I applies but with the modification in paragraph (3). 3 For the purposes of calculating the revised cash equivalent of the specified benefit, step 1 of regulation 61I(2) is modified as follows— Step 1 In cases where regulation 61J(1)(a), (b) or (c) applies, redetermine the cash equivalent of the specified benefit in accordance with regulations 61E, 61F or 61G, as the case may be. In cases where regulation 61J(1)(d) applies, use the cash equivalent of the benefit determined at the start of the year under step 1 of regulation 61D(1). 4 Any references in regulation 61I(2) to the revised cash equivalent of the benefit or to the amount obtained under step 1 of 61I(2) are to be read in accordance with paragraph (3). Modification of the general rule: making good 61K 1 This regulation applies instead of regulation 61D(2) where immediately before the authorised employer makes the final main relevant payment of the tax year the specified employee has not made any or all of the making good payment. 2 The authorised employer must— a ascertain the difference between: i the amount of the making good payment that has been taken into account when determining the cash equivalent of the specified benefit at the start of the tax year; and ii the amount the specified employee has actually paid at that time; b add the amount obtained under sub-paragraph (a) to the final main relevant payment, and c apply step 5 of regulation 61D(1) to that amount. 3 Where this regulation applies the authorised employer may not take into account making good payments for the purposes of calculating the cash equivalent of the same specified benefit provided to the same specified employee in the following tax year. Modification of the general rule: failure to make good fuel benefit 61L 1 This regulation applies if the specified employee has not made the payment referred to in regulation 61F(2) before 1st June following the end of the tax year (“tax year 1”) in which the specified benefit of car fuel or van fuel was provided. 2 Before making the first main relevant payment after 1st June following the end of tax year 1 (“the first main relevant payment in tax year 2”) the authorised employer must take the following steps— Step 1 Redetermine the cash equivalent of the specified benefit of car fuel or van fuel received in tax year 1 in accordance with section 150 or 161 of ITEPA on the basis that Condition A in section 151 or 162 of ITEPA (car fuel and van fuel: nil cash equivalent) , as the case may be, has not been met. The result is the Outstanding Taxable Amount of the Fuel Benefit for Tax Year 1. Step 2 Add the Outstanding Taxable Amount of the Fuel Benefit for Tax Year 1 to the first main relevant payment in tax year 2 and apply step 5 of regulation 61D(1) to that amount. 3 Where this regulation applies and the authorised employer is continuing to provide the specified benefit of car fuel or van fuel in tax year 2, the employer must make an in-year adjustment for that year, in accordance with regulation 61J(1)(b), and redetermine the cash equivalent of the specified benefit without taking into account payments the employee is required to make, in connection with the private use of fuel, as referred to in regulation 61F(2). Information to specified employees 61M 1 Before 1st June following the end of the tax year in which the specified benefits have been provided, an authorised employer must provide a statement to every specified employee identifying— a every specified benefit provided to that employee during that tax year; and b the cash equivalent of the specified benefit provided during that tax year treated as a payment of PAYE income under this Chapter. 2 In this regulation— a “authorised employer” includes an employer who ceased to be an authorised employer during or after the tax year; and b “specified employee” includes an employee who was a specified employee for only part of the tax year. 7 In regulation 85 (employers: annual return of other earnings (forms P11D and P9D)— a in the heading, for “forms P11D and P9D” substitute “form P11D”; b in paragraph (3) omit “which is not an excluded employment under section 216(1) of ITEPA (lower-paid employment and certain types of company director)”; c after paragraph (3) insert — 4 But this regulation does not apply in relation to a benefit provided in a tax year which has been treated as a payment of PAYE income under Chapter 3A of the Regulations. . 8 In regulation 87 (information employer must also provide for benefits code employees), omit sub-paragraph (1)(a). 9 In regulation 90 (Quarterly return if a car becomes available or unavailable (Form P46 (Car)) for paragraph (1A) substitute — 1A This regulation does not apply if— a the reason a car becomes available or unavailable is that one is replaced with another; or b Chapter 3A of these Regulations applies. 10 In the heading to regulation 94 (employers: information to employees of other earnings (Forms P11D and P9D), for “Forms P11D and P9D” substitute “Form P11D”. 11 In paragraph (3)(b) of regulation 97 (retention by employer of PAYE records), for “Forms P11D and P9D” substitute “Form P11D”. 12 In paragraph (7)(b) of regulation 107 (effect of PSA), for “Forms P11D and P9D” substitute “Form P11D”. 13 In table 10 in regulation 211 (how information must or may be delivered by employers), omit the entries contained in columns 1 to 5 relating to regulation 85(1)(a) (employers: annual return of other PAYE income) (Form P9D). 14 In Schedule A1 (real time returns)— a after paragraph 22A insert— 22B If applicable, an indication that comprised within the payment is an amount treated as a payment of PAYE income under regulation 61B (PAYE: benefits in kind) and, if so, the amount of the specified benefit in respect of which tax has been deducted. ; b in paragraph 26 for “Forms P11D and P9D” substitute “Form P11D”. Edward Troup Nick Lodge Two of the Commissioners for Her Majesty’s Revenue and Customs 23rd November 2015