DMBM519020 - Debt and return pursuit: PAYE RTI: RTI overview and legislation: RTI legislation
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RTI PAYE, NIC & CIS legislation
Due to the introduction of Real Time Information (RTI) in 2012, there was a need to amend legislation. »Ê¹ÚÌåÓýapp existing legislation had to incorporate the changes RTI had made in operation and recovery of PAYE. »Ê¹ÚÌåÓýapp table below shows the changes that have been made and a brief explanation of the regulation.
PAYE legislation
- Existing legislation - »Ê¹ÚÌåÓýapp Income Tax (Pay as You Earn) Regulations 2003
- Amending legislation - »Ê¹ÚÌåÓýapp Income Tax (Pay as You Earn) (Amendment) Regulations 2012 and »Ê¹ÚÌåÓýapp Income Tax (Pay as You Earn) (Amendment No. 2) Regulations 2012
Existing tax regulation |
RTI amendment |
Subject |
Meaning |
---|---|---|---|
None |
2A |
An RTI employer |
An employer who has been asked by or agreed with HMRC to comply with RTI regulations. From 6 October 2013 all employers. |
None |
2B |
An RTI pension payer |
A pension payer who has been asked by or agreed with HMRC to comply with RTI regulations. From 6 October 2013 all pension payers. |
None |
67B |
Electronic submission of FPS |
Requirement to submit an electronic RTI return. |
None |
67CA |
Reference No. to be included with electronic submission of FPS |
Requirement to include reference number with return under Reg 67B. |
None |
67D |
Paper submission of FPS and due date of return |
Religious objectors and care/support workers can submit paper FPS. Due date 14 days after tax period end. |
None |
67E |
Amendment to FPS |
Employers must correct the information in the first FPS made after the discovery of the error. |
None |
67F |
No returns are due |
Employers may advise if there is no return due. »Ê¹ÚÌåÓýappy must advise on an FPS/EPS. |
None |
67G |
Payments |
Employers must pay HMRC the amount deducted for the month. If this is a negative amount they can recover this from HMRC. |
78 |
75A |
Specifying the debt |
If the employer does not submit an FPS or nil EPS HMRC can specify the debt based on previous payments/returns. |
78(6) |
75A(8) |
When employer can request a quantification |
During the seven-day specification notice period, if an employer believes they have paid the correct amount due, but HMRC disagrees, the employer can request HMRC quantify the amount due. |
78(8) |
75A(10) |
HMRC’s right to enforce the specified amount |
If the amount not paid in full within seven days, the amount becomes due in line with 67G. |
78(10) |
75B |
Employer’s right to claim back overpayments due to paying specified amount |
If, due to paying a specified amount, the employer pays more for the tax year, the employer is entitled to set-off the excess amount against any tax due for any subsequent tax period, or claim a repayment. |
82(6) |
82(6) |
Interest |
HMRC can charge interest on any late payment of the FPS tax amount due. |
NIC legislation
- Existing legislation - »Ê¹ÚÌåÓýapp Social Security (Contributions) Regulations 2001
- Amending legislation - »Ê¹ÚÌåÓýapp Social Security (Contributions) (Amendment No.3) Regulations 2012
Link to existing PAYE regulation |
NIC legislation |
Subject |
Meaning |
---|---|---|---|
2A |
Para1 Sch 4 Sub para 4 |
An RTI employer |
An employer who has been asked by or agreed with HMRC to comply with RTI regulations. From 6 October 2013 all employers. |
67G |
Para 10 Sch 4 Sub para 2/para 3A |
Payments |
Employers must pay HMRC the amount deducted for the month. If this is a negative amount they can recover this from HMRC. |
75A |
Para 15 Sch 4 Para 1B |
Specifying the debt |
If the employer does not submit an FPS or nil EPS HMRC can specify the debt based on previous payments/returns. |
67B |
Para 21A Sch 4 |
Electronic submission of FPS |
Requirement to submit an electronic RTI return. |
67D |
Para 21C |
Paper submission of FPS and due date of return |
Religious objectors and care/support workers can submit paper FPS. Due date 14 days after tax period end. |
67E |
Para 21D |
Amendment to FPS |
Employers must correct the information in the first FPS made after the discovery of the error. |
None |
Para 21E |
Submission of EPS |
Where appropriate employers must submit, within 14 days after the end of the tax month, an EPS when the NIC specified is greater than zero. |
None |
Para 21E(5) |
Amendment to EPS |
Employers must correct the information in the first return made after the discovery of the error. |
82(6) |
82(6) |
Interest |
HMRC can charge interest on late payment of any FPS NIC amount. |
CIS legislation
- Existing legislation - »Ê¹ÚÌåÓýapp Income Tax (Construction Industry Scheme) Regulations 2005
- Amending legislation - »Ê¹ÚÌåÓýapp Income Tax (Construction Industry Scheme) (Amendment) Regulations 2012
Link to existing PAYE Â regulation |
RTI amendment |
Subject |
Meaning |
---|---|---|---|
None |
Reg 56 para 2B |
EPS: CIS deductions suffered by the qualifying subcontractor |
Qualifying subcontractor must submit a return showing the deductions made. |
None |
Reg 56 para 2c |
EPS: Submission within 14 days of the end of the tax period |
Submission must be made within 14 days of the end of the tax period. |
None |
Reg 56 para 2d |
EPS: Amendment required |
»Ê¹ÚÌåÓýapp employer needs to submit an amendment in the first return made after the discovery of the error. |
Student Loans legislation
Student Loans legislation is incorporated in »Ê¹ÚÌåÓýapp Education (Student Loans) (Repayment) (Amendment) Regulations 2012.