Employer Further Guide to PAYE and NICs - CWG2 (2015)
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CWG2 (2015) � Employer Further Guide to PAYE and NICs Use from 6 April 2015
Help and guidance Employer helpbooks and forms You can get help and guidance from the following sources. Helpbooks and forms are available to download. Go to www.hmrc.gov.uk/payerti/forms-updates/ forms-publications.htm The internet Exceptionally, if you don’t have access to the internet, some For help with your payroll go to, of our helpbooks and forms are available from the Employer www.hmrc.gov.uk/payerti/index.htm Orderline on 0300 123 1074. For wider interactive business help, go to www.gov.uk/starting-up-a-business Yr laith Gymraeg Webinars are a new way of learning about your payroll. I lawrlwytho ffurflenni a llyfrynnau cymorth Cymraeg, ewch i www.hmrc.gov.uk/cymraeg/ffurflenniathaflenni_defnyddiol. Our presentations cover a wide range of topics. For more htm a dilyn y cysylltiad i Becyn y Cyflogwr. Os, yn eithriadol, nad information, go to www.hmrc.gov.uk/webinars oes gennych gysylltiad i’r rhyngrwyd, cysylltwch â’r Ganolfan Any page printed from the online version of this helpbook is Gyswllt Cymraeg ar 0300 200 1900. uncontrolled and may not be the latest version. We recommend that you always check you are referring to the latest online Forms and guidance in Braille, large version. print and audio Online services For details of employer forms and For information and help using our Online Services, guidance in Braille, large print or audio, go to www.hmrc.gov.uk/online � phone the Employer Orderline on For more help, contact the Online Services Helpdesk by: � 0300 123 1074 and ask to speak to the • phone on 0300 200 3600 • textphone on 0300 200 3603 Customer Service Team. Education services from the Digital Delivery Team Basic PAYE Tools Find out more about our live and recorded webinars, The Basic PAYE Tools is software that you download onto your go to www.hmrc.gov.uk/webinars computer. It will help you run your payroll throughout the year. To view our video clips, go to www.youtube.com/hmrcgovuk It is designed for employers who have 9 or fewer employees, and you can use it to calculate payroll deductions and then Employer Bulletin online report payroll information online in real time. Employer Bulletins contain information and news for employers. We publish these 6 times a year. Go to www.hmrc.gov.uk/ Basic PAYE Tools will: payerti/forms-updates/employer-bulletin/index.htm • record your employees’ details • work out and record your employees’ pay, tax, Employer email alerts National Insurance contributions (NICs) and any We strongly recommend that you register to receive employer Student Loan deductions every payday emails to prompt and direct you to: • allow you to correct an employee payment made earlier in • each new edition or news about the Basic PAYE Tools the tax year • the Employer Bulletin • allow you to make a mistimed payment (that is a payment • important new information that an employee was entitled to receive earlier or later than To register, go to www.hmrc.gov.uk/payerti/forms-updates/ the date on which it will be paid) forms-publications/register.htm • allow you to claim your NICs Employment Allowance • generate the payroll data that you need to send to HM Revenue & Customs HM Revenue & Customs (HMRC) in real time, including starter If you have a query about your PAYE scheme: and leaver information • phone the Employer Helpline on 0300 200 3200 • produce an Employer Payment Record that works out how • write to much you need to pay HMRC HM Revenue & Customs • contain calculators to help you to work out statutory National Insurance Contributions & Employer Office payments such as Statutory Sick Pay and Statutory BP4102 Maternity Pay Chillingham House To find out more information about the Basic PAYE Tools, go to Benton Park View www.hmrc.gov.uk/payerti/getting-started/ NEWCASTLE UPON TYNE payroll-system.htm NE98 1ZZ Please tell us your employer PAYE and Accounts Office Employer helplines references when you contact us. You will find them on • Employer for less than 3 years, phone 0300 200 3211 correspondence HMRC have sent to you. • Employer for 3 years or more, phone 0300 200 3200 • If you have a hearing or speech impairment and use a Your rights and obligations textphone, phone 0300 200 3212 ‘Your Charter’ explains what you can expect from us and what Please tell us your employer PAYE and Accounts Office we expect from you. For more information, go to references when you contact us. You will find them on www.gov.uk/government/publications/your-charter correspondence HMRC have sent to you.
Contents Numbers to the left of topics refer to paragraphs in the relevant chapters. Page Page About this guide 1 End of Year Final Submission 17 Terms used in this guide 1 13 No payments in final pay period 17 Online filing 2 14 Correcting a previous year’s payroll 17 Commercially available or privately produced payrolls 3 15 Making amendments for years prior to RTI 17 Chapter 1 – General procedures 16 Sending amendments for years prior to RTI 18 17 to 19 not used – reserved for future use 18 Who is an ‘employee’ for the purposes of PAYE and Class 1 NICs? 4 Chapter 2 – Special procedures National Insurance numbers 4 Pension contributions 18 1 What is a National Insurance number? 4 Pension payments 18 2 When the National Insurance number used by 20 Lump sum payments from pension schemes 19 HMRC differs from the one you already hold 4 21 Procedures for employer of either an employee 3 National Insurance number and identity 5 retiring or a deceased employee whose dependant 4 How to get an employee’s National is entitled to a pension 19 Insurance number 5 21a If an employee dies 19 22 Procedures for employer of an employee starting When to work out NICs and PAYE 5 to receive a pension whilst continuing to work for National Insurance contributions (NICs) Employment the same employer 19 Allowance 6 23 Procedures for other pension and annuity payers 20 Abolition of Secondary NICs for those employees 24 Trivial commutation payments relating to under the age of 21 6 registered pension schemes 20 Class 1A NICs on taxable benefits 6 24a Payments relating to registered pension schemes where a person has flexibly-accessed their funds 21 How to work out NICs and PAYE for various pay intervals 7 Statutory Sickness, Maternity, Paternity, Additional Paternity, Statutory Shared Parental and Operation of PAYE and Class 1 NICs when the Adoption Pay 21 regular date for payment is a non-banking day 9 25 Payments of SSP, SMP, SAP, SPP, ShPP and ASPP 22 Change of pay interval to a shorter interval 9 26 Payments of SMP, SAP, SPP, ShPP or ASPP to an Change of pay interval to a longer interval 10 employee after their contract of service has ended 22 Employees’ payday changed but same pay interval kept 10 Payments paid ‘free of tax or NICs’ 22 Extra payments made on a separate payday from 27 All of an employee’s earnings paid ‘free of tax’ 22 normal pay 10 28 All of an employee’s earnings paid ‘free of tax and NICs’ 22 Payments made in Week 53 11 29 Part of an employee’s earnings paid ‘free of tax’ 22 5 Week 53 and suffix codes 11 30 Part of an employee’s earnings paid ‘free of tax 6 Week 53 and K codes 11 and NICs’ 23 Standard payments made when, or after, an 31 Agreement to pay an employee’s share of NICs 23 employee leaves 11 Payroll Giving – An easy way to give 23 Payments made when an employee has died 14 7 Death of employee or of a pension recipient 14 Incentive Awards 23 8 Death of pension recipient 14 32 Cash awards and awards made by voucher which can be exchanged for cash 23 Joint wages to spouses and civil partners 14 33 Non-cash awards and vouchers which cannot be Change of gender 14 exchanged for cash 23 Mistake in the amount of NICs or PAYE deducted 15 34 Valuing cash vouchers for NICs purposes 24 9 Mistake in the amount of NICs or PAYE deducted 35 Valuing non-cash vouchers for NICs purposes 24 during the tax year 15 36 Apportioning the value of vouchers between 10 Mistake discovered after the end of the tax year 15 employees for NICs purposes 25 37 Non-cash vouchers exempt from NICs 25 Unintentional overpayment of salary/pension 16 38 Taxed Award Schemes 26 11 Deliberate under deductions of NICs and PAYE 16 Holiday pay 26 12 Arrears of pay for closed years 16 39 Holiday pay in the construction industry Paying a refund of tax when no payments are due and similar schemes 26 to your employee 17 40 Holiday pay from money set aside during the year 27 Different employer PAYE references for separate 41 Holiday pay from a holiday credit scheme 27 groups of your employees 17 42 Working out PAYE on holiday pay 27 43 Working out NICs on holiday pay 27
Page Page 44 NICs on payments due to be paid during a contributions in the tax year prior to receipt of form holiday period 28 � CA2700 45 � 45 Youth Contract and Work Choice wage incentives 29 � 73 Employers with occupational pension schemes - 46 to 47 not used – reserved for future use 29 � contracted-out rate NICs 45 � Tips, gratuities, service charges and troncs 29 � Working out NICs payable at the contracted-out rate 46 � 48 Tips/gratuities/voluntary service charges flowchart 30 � Employer’s NICs rebate for those employees under 46 � the age of 21 46 � Employees involved in a trade dispute or lock-out 30 � 74 Contracted-out status starts whilst in employment 46 � 49 When the special procedures apply and what 75 Contracted-out status stops but � they entail 30 � employment continues 46 � 50 How to decide if any employee is involved in a � 76 Retrospective membership of an occupational � trade dispute or lock-out 30 � pension scheme 46 � 51 Working out PAYE during the trade dispute 30 � 77 not used – reserved for future use 47 � 52 Payments to the accounts office during the � 78 More information 47 � trade dispute 31 � 53 Trade dispute ends in the same tax year as � Special rules for some married women and widows 47 � it began 31 � 79 Certificates of election 47 � 54 Procedure at the end of the tax year if the � 80 Giving up the right to pay reduced rate NICs 47 � trade dispute has not ended 31 � 81 Losing the right to pay reduced rate NICs 47 � 55 Procedure for employees whose withheld refunds � 82 When to return a certificate of election 48 � you cannot pay at the end of the trade dispute 31 � 83 Adjusting NICs 48 � 56 to 59 not used – reserved for future use 31 � 84 More information 48 Payment of NICs for employees over � Chapter 3 – National Insurance only procedures � State Pension age 49 � Earnings periods for NICs purposes 32 � 85 Certificates of age exception 49 � 60 Employees paid at regular intervals 32 � 86 not used – reserved for future use 49 � 61 Employees not paid at regular intervals but who � 87 When to return a certificate of age exception 49 � can be treated as paid at regular intervals 32 � 88 Adjusting NICs 49 � 62 Employees paid at irregular intervals 32 � 89 National Insurance contributions (NICs) 63 More than one set of regular payments 32 � Employment Allowance 50 � 64 Working out NICs when you first pay an employee 32 � 90 National Insurance contributions (NICs) Abolition of secondary rate of contributions for those under 21 Working out NICs for employees not paid on their � usual payday 33 � years of age (U21) 51 � 91 to 109 not used – reserved for future use 51 � Changing the method of working out NICs 33 � Employees with more than one job 33 � Chapter 4 – Special types of employee 65 An employee has two or more jobs with different Part-time or casual employees 52 � employers and each one pays the employee 33 � Workers supplied by agencies 52 � 66 An employee receives one payment of earnings for Student employees 52 � separate jobs with different employers 34 � 110 to 111 not used – reserved for future use 52 67 An employee has two or more jobs with the � Information for farmers 52 � same employer 34 � 112 Harvest casuals 52 � 113 Labour Providers or contractors engaged to carry � Working out and recording NICs when earnings from out specific jobs 53 � separate jobs are added together 34 � Employees coming to or leaving the UK – treatment � 68 NICs are due at the not contracted-out rate in for NICs purposes 54 � all jobs 34 � 114 Employees coming from within the European 69 NICs are due at the contracted-out rate in all jobs � Economic Area (EEA) and countries with which the and are covered by the same occupational UK has a Reciprocal Agreement (RA) covering NICs pension scheme 34 � or a Double Contributions Convention (DCC) 54 � 70 NICs are due at the contracted-out rate in all jobs � 115 Employees coming from countries outside the � and are covered by different occupational European Economic Area (EEA) with which the UK pension schemes 34 � does not have a Reciprocal Agreement (RA) 71 NICs are due at the contracted-out rate in one job � covering NICs or a Double Contributions and the not contracted-out rate in another 35 � Convention (DCC) 55 � 72 Deferment of the payment of employee’s contributions 116 Liability to pay NICs for employees going abroad 55 � for employees with more than one job 45 � 117 Modified NICs Schemes – Applying for simplified What to do if you have already deducted employee’s
Page Page reporting for employees coming to or leaving 150 Lump sum payments on retirement or the UK 55 death which are not from registered schemes 78 151 Foreign service 78 Employees coming to or leaving the UK – treatment for PAYE purposes 56 Employment Tribunal Awards 78 118 Employees coming from abroad 56 152 Reinstatement order or re-engagement order 78 119 Employees going abroad 56 153 Order for the continuation of employment 78 120 Employees working in offshore areas 57 154 Pay due under a protective award 79 121 Coding for payroll purposes for non-resident Providing an employee with a non-cash payment 79 employees who have never been resident in the UK 57 155 ‘Readily Convertible Asset’ (RCA) 79 Workers providing their services through 156 Valuation of assets 80 intermediaries 57 Shares and other securities 80 122 Workers paid by intermediaries which do not 157 Securities options 80 meet the definition of Managed Service 158 Restricted shares (conditional shares Companies (IR35 rules) 57 pre-16 April 2003) 81 123 Workers paid by Managed Service Companies 58 159 Special charges on employment-related securities 81 124 IR35 - At the end of the tax year 59 Practical considerations on non-cash payments 81 125 Agencies and employment intermediaries 60 160 PAYE and NICs on RCAs 81 126 to 129 not used – reserved for future use 60 161 Deducting PAYE from non-cash payments 82 Chapter 5 – Pay, expenses and benefits 162 Deducting NICs from certain non-cash payments 82 163 Paying PAYE and NICs to HMRC on What to include as gross pay on your employee’s non-cash payments 82 payroll record 61 164 Recording a non-cash payment 82 Giving us details of your employees’ benefits 165 P9D/P11D 82 and expenses 66 166 Employment income provided through third 130 Form P46(Car) 66 parties ('Disguised Remuneration’ rules) 82 131 Form P11D 66 167 Employment income provided through third 132 Form P11D(b) 67 parties ('Disguised Remuneration’ rules) for 133 Form P9D 67 NICs purposes 84 134 What to enter on form P9D or P11D 67 135 Reporting termination packages where amounts 168 onwards not used – reserved for future use 84 over £30,000 are taxable 67 Appendix – other useful forms and 136 P9D/P11D Chart 68 guidance issued by HMRC 85 Dispensations 71 137 What is a dispensation? 71 Index 87 138 How to apply for a dispensation 71 139 Using a dispensation for NICs purposes 71 140 Information and guidance for holders of a dispensation 71 PAYE Settlement Agreements 71 141 NICs on motoring expenses payments 72 142 Taxation of mileage expenses payments 72 Treatment of expenses payments for NICs purposes 72 143 Payments towards additional household costs incurred by employees who work from home 73 144 to 147 not used – reserved for future use 73 Round sum allowances 74 Travel and subsistence payments 74 Relocation allowances or expenses 74 Allowances or expenses to employees relocating abroad 75 Allowances or expenses to employees working abroad 75 Payments you make when an employee stops working for you 75 148 Type of payment 75 149 Action to take when you make such payments 75
Introduction Real Time Information (RTI) The operation of PAYE is based on the Income Tax The following guidance applies to all employers. Guidance (Pay As You Earn) Regulations 2003 and the payment for reporting PAYE in real time is also available at of NICs is based on the: www.hmrc.gov.uk/payerti/index.htm • Social Security Contributions and Benefits (Northern Ireland) Act 1992 About this guide � • Social Security Administration (Northern Ireland) Act 1992 Welcome to the Employer Further Guide to PAYE and NICs • Social Security (Categorisation of Earners) Regulations for the tax year 2015 to 2016. This edition replaces the (Northern Ireland) 1978, as amended CWG2(2014). � If you are unhappy with our service Throughout this guide PAYE means Pay As You Earn and If you are unhappy with our service, usually a phone call to NICs stands for National Insurance contributions. � the person or office you have been dealing with will allow For information about the day-to-day tasks in � us to put things right quickly. Their number will be on any operating PAYE and paying NICs please go to � papers they have sent. www.hmrc.gov.uk/payerti/index.htm or refer to the � However, if you are still unhappy, or you would like to deal Employer Helpbooks. � with someone else, then you may want to complain. Please This guide gives more detailed information and covers see our factsheet ‘Complaints and putting things right’ some less common situations. New or amended material is which is available. Go to www.hmrc.gov.uk/complaints- sidelined in black. � appeals/how-to-complain/index.htm or contact the Please remember that you may be asked to produce Complaints Manager at the office you have been evidence of how you have worked out PAYE and NICs. It is dealing with. important that you keep records either in paper form or Terms used in this guide on a computer. In either case, these records must be made Gross pay available to HM Revenue & Customs (HMRC) on request. � The amount the employee is due to receive before any There are legal requirements that mean employers must deductions are made. What counts as gross pay for PAYE comply with their obligations. At the time of writing, and NICs purposes is defined in more detail in Chapter 5. this guide sets out HMRC’s view on how these legal Income Tax year (tax year) requirements can be met. � A tax year is a period starting on 6 April in one year and It will be updated annually and was last updated � ending on 5 April in the following year. For example, the December 2014. � 2015 to 2016 tax year starts on 6 April 2015 and ends on The operation of PAYE is based on the Income Tax (Pay As 5 April 2016. You Earn) Regulations 2003 and the payment of National Income Tax weeks (tax weeks) Insurance contributions is based on the: � Tax weeks are periods of seven days which follow on from • Social Security Contributions and Benefits Act 1992 each other starting on 6 April each year. The first tax week • Social Security Administration Act 1992 is 6 to 12 April inclusive, the second tax week is 13 to • Social Security (Contributions) Regulations 2001, 19 April inclusive, and so on. as amended The odd day or days at the end of the last complete tax • Social Security (Categorisation of Earners) Regulations week in the year, (5 April or in leap years, 4 and 5 April) are 1978, as amended treated as a whole tax week, that is tax week 53. For more information, go to: Income Tax months (tax months) • www.hmrc.gov.uk/payerti/index.htm Income Tax months are periods following on from each • the Employer Helpline other in an Income Tax year. They start on the 6th of one Employers in Northern Ireland month and finish on the 5th of the following month. The When reading this guide please note that references to first Income Tax month is 6 April to 5 May inclusive, the Department for Work and Pensions should be read as second Income Tax month is 6 May to 5 June inclusive, Department for Social Development. and so on. If you cannot find the information you need in this guide For details of relevant dates within a tax year more help is available from: go to www.hmrc.gov.uk/payerti/paying/deadline.htm • www.hmrc.gov.uk/payerti/index.htm • the Employer Helpline 1 CWG2 (2015)
Pay interval There are very few exceptions. For more information The period of time between one payment and the next. about the exceptions go to Pay intervals can be: www.hmrc.gov.uk/payerti/reporting/paper-filing.htm#1 • ‘regular’, that is every week, month and so on For more information about online filing, go to • ‘irregular’, that is with no fixed period of time between - www.hmrc.gov.uk/payerti/getting-started/using-paye- for example, an employee is paid after working for online.htm 10 days, then again after a further 25 days and again For more information about sending starter and after a further 40 days leaver information online, go to www.hmrc.gov.uk/ Payroll record payerti/getting-started/using-paye-online.htm A payroll record shows PAYE and NIC deductions for each PAYE Online – your filing options of your employees. It is important that you keep payroll You report your payroll information by submitting records, either in paper form or on a computer. Full Payment Submissions (FPS) and Employer Payment Recorded gender Summaries (EPS). You also use an EPS to tell HMRC if you This refers to the gender which a transsexual person was haven’t paid any employees in a pay period and have no registered with at birth. return to make. These submissions and other returns and reports are sent electronically by your payroll system Acquired gender to HMRC. This refers to the gender which a transsexual person presents to the world, it is not the gender that they were You can send forms and returns online using: registered with at birth. • our PAYE Online for employers – Internet service, choosing either Full Gender Recognition Certificate — our free ‘Online Return and Forms - PAYE’ product A certificate issued by the Gender Recognition Panel (this is designed for small employers who have up to that shows a person has satisfied the criteria for legal and including 49 employees and do not send large recognition in their acquired gender. From the date of numbers of forms to us) issue the person is recognised in their acquired gender — third party (commercial) payroll software and will benefit from any rights and responsibilities that • Electronic Data Interchange (EDI) – more suitable for are associated with that acquired gender. large employers who typically have employee numbers Interim Gender Recognition Certificate in the thousands and/or a very high staff turnover A certificate issued by the Gender Recognition Panel that • an agent or payroll bureau who can file online on your shows a person has met the criteria to be recognised in behalf, using our PAYE Online for Agents service. For their acquired gender subject to them annulling their more information go to www.hmrc.gov.uk/payerti/ marriage. A full Gender Recognition Certificate will be reporting/how-to-report.htm issued following the annulment of the marriage. PAYE Online – Expenses and Benefits Transsexual female In addition to the above filing options, we provide a A person who at birth was recorded as male but chooses service that allows you to send your expenses and benefits to live as a female, should be referred to in female terms information electronically, if your software doesn’t do (‘she’, ‘her’, ‘Ms’). this automatically. Transsexual male For more information on completing your expenses and A person who at birth was recorded as female but chooses benefits forms go to www.hmrc.gov.uk/payerti/exb/ to live as a male, should be referred to in male terms (‘he’, forms.htm ‘him’, ‘Mr’). PAYE Online – Direct Debit payment Online filing When you enrol for the PAYE Online for Employers service, There are a wide range of PAYE (Pay As You Earn) notices, you are given instant access to the Direct Debit Online forms and returns that can be sent and received online. service. This allows you to set up a Direct Debit Instruction which you can use to pay your monthly or quarterly PAYE Online filing is a fast, convenient and secure way of and NICs payments. For more information on how to pay exchanging information with HMRC. It cuts down on time, PAYE/Class 1 National Insurance contributions/CIS, go to administration and errors, and it means that you’ll get up www.gov.uk/pay-paye-tax to date PAYE information, such as updated employee tax Internet codes much faster. Forms and returns that can be sent over the Internet are: As part of operating PAYE, almost all employers must • Employer Alignment Submission (EAS) report their payroll information online using a • Full Payment Submission (FPS) Full Payment Submission (FPS) for each pay period. • Employer Payment Submission (EPS) There are, however, a small number of employers who • Earlier Year Update (EYU) may be: • NI number Verification Request (NVRREQ) • exempt from submitting this information online • P35, P38A - Employer Annual Return/supplementary • unable due to exceptional circumstances to submit statement, used for a tax year during which you did not information online operate PAYE in real time • P14 - End of Year Summary, used for a tax year during which you did not operate PAYE in real time CWG2 (2015) 2
• P11D – Return of expenses and benefits More information is available at • CIS300 – (Contractors Monthly Return) www.hmrc.gov.uk/softwaredevelopers/rti/edi-rti.htm • P11D(b) – Return of Class 1A National Insurance Privately produced programs contributions, Return of expenses and benefits: If you design and operate your own computer program we Employer declaration provide regularly updated information to help you keep • P9D – Expenses and benefits form computerised payroll systems up to date with changing • P46(Car) – Notification of car made available for legislation. These updates are available on our website at private use www.hmrc.gov.uk/softwaredevelopers/rti/ � Forms and notices you can receive over the Internet are: internet-rti.htm � • P6 – Employer coding notification Substitute forms P60, ‘End of Year Certificate’ � • P6(B) – Employer coding notification (budget) All substitute forms P60, ‘End of Year Certificate’, paper or • P9 – Annual coding notification electronic, must be submitted annually for • SL1 – Student Loan Start Notice HMRC approval. • SL2 – Student Loan Stop Notice Our booklet RD1 ‘Specification for employer substitute • P11D(b) notification forms P60’, gives guidelines to anyone producing a new • Incentive Letter notification substitute P60 design or amending an existing design. We The following forms and returns can be exchanged online, revise the booklet annually to publish any changes for using EDI. the current tax year. To view the specification download • P11Ds – Return of Expenses and Benefit the booklet using the link ‘Download Specification for • P11D(b) – Return of Class 1A National Insurance employer substitute forms P60’ at contributions, Return of expenses and benefits: www.hmrc.gov.uk/payerti/end-of-year/tasks.htm Employer declaration Substitute forms P60 provided by a supplier of business • P14 – End of Year Summary (up to 2012–13) stationery or by a computer bureau will normally have • P35/P38A – Employer Annual Return and been approved by HMRC for general use and bear a supplementary statement (up to 2012–13) unique imprint agreed between HMRC and the supplier • P46(Car) – Notification of car made available for or manufacturer. private use To apply for HMRC approval, send a draft of the proposed • P6, P6B, P9 – Coding notifications form to us either by email or as a paper copy. Please email • SL1/SL2 – Collection of Student Loans – start/stop notices your draft (for example, PDF) to • NVREP – National Insurance number verification replies hmrc.substituteformsapproval@hmrc.gsi.gov.uk and RTI National Insurance number notices or alternatively post a paper draft to: • Employer Alignment Submission (EAS) HM Revenue & Customs Digital Services • Full Payment Submission (FPS) 6th Floor • Employer Payment Submission (EPS) Dorset House • Earlier Year Update (EYU) 27-45 Stamford Street • NI Number Verification Request (NVRREQ) LONDON Businesses involved in the Construction Industry SE1 9PY Scheme can file monthly returns (CIS300) and carry out Form P45 for use on computer printers verifications of subcontractors over the internet or using We supply four versions of the P45 for computer use: EDI. For more information, go to www.hmrc.gov.uk/cis/returns/cis-online.htm • form P45 (Manual) – for manual completion • form P45 (Continuous) – suitable for completion by For Online End of Year Expenses and Benefits Forms, go to impact printer www.hmrc.gov.uk/payerti/exb/forms.htm • form P45 (Continuous)(E) – suitable for completion by Commercially available or privately impact printer produced payrolls • form P45 (Laser-Continuous) – suitable for completion by high-speed laser printers The notes below tell you how to get information to enable • form P45 (Laser-Sheet) – suitable for completion by you to use and run a computerised payroll. cut-sheet laser printers Commercially produced programs The forms can be obtained from the Employer Orderline. We work closely with commercial software developers and provide free technical specifications to help them create products and services suitable for use with HMRC Online Services. HMRC will accept forms and returns sent using any of the commercial software products listed on our website. For more information go to www.hmrc.gov.uk/ softwaredevelopers/paye/rti-software-forms.htm A list of EDI enabled software products can also be viewed. Go to www.hmrc.gov.uk/ebu/edi/edi-software.htm 3 CWG2 (2015)
Chapter 1 – General procedures The following guidance applies to all employers. Guidance National Insurance numbers for reporting PAYE in real time is also available at www.hmrc.gov.uk/payerti/index.htm 1 What is a National Insurance number? A National Insurance number is the unique reference Who is an ‘employee’ for the purposes of number used by HMRC and the Department for Work and PAYE and Class 1 NICs? Pensions to identify an individual’s NICs record. It ensures In this guide, ‘employee’ means anyone who is gainfully that contributions paid by, and credited to, an individual are employed in the UK and is: put on the right record so that whenever a claim to benefit • engaged under a ‘contract of service’ - where you is made, the correct amount can be paid. pay somebody to work for you, that arrangement You are required to record an employee’s National Insurance will normally amount to either a contract of service number on payroll records. It is important, therefore, that (employment) or a contract for services (self- you ask employees for their National Insurance number as employment) - almost everyone who works for an soon as possible after they start working for you. employer will be employed under a contract of service, Your employees are required by law to give their National including full-time, part-time, casual or temporary Insurance number to you, although they can start work employment - a contract need not be written, but can be before providing the number. a verbal or implied working agreement • an office holder with earnings chargeable to tax - an For each employee, you must: office holder is someone appointed to hold a titled office • record their date of birth, gender and address including (including an elective office), for example, a postcode company director • arrange for them to let you know of any change of name, • engaged through an agency or some other third party - gender and/or address for more information, see ‘Workers supplied by agencies’ Currently you are required to send HMRC a new employee’s on page 52 address within your RTI Full Payment Submissions (FPS), or For PAYE purposes later FPS if their National Insurance number is unknown. In addition, ‘employee’ includes, for most PAYE purposes, From April 2015 you can submit details of an employee’s pension recipients and others who get PAYE income (for change of address on an FPS and HMRC will validate example, ex-employees). the information provided and when appropriate use the information to update its systems. Similarly ‘employer’ includes, for most PAYE purposes, agencies, pension-payers and others who make payments Your employee remains accountable for their own records of PAYE income. but receiving this information from you will help HMRC keep records up to date. For NICs purposes In addition to the above, if certain conditions are met, Temporary National Insurance numbers a person in any of the following occupations is treated We no longer accept temporary National Insurance numbers as being an employee. The conditions are set out in the on Employer Annual Returns (for example, any National Social Security (Categorisation of Earners) Regulations Insurance number beginning with ‘TN’). This applies no 1978, as amended. The occupations are: matter which method you use to submit your returns. In all • office cleaners cases you should try to get the National Insurance number • ministers of religion (see paragraph 4) and enter it on your payroll record. • people employed by their husband or wife or civil If you are unable to get the National Insurance number partner for the purpose of his or her employment you must: If you are not sure if someone is an ‘employee’ or if you • leave the National Insurance number field blank, and are an ‘employer’ for PAYE or NICs purposes you can: • enter the date of birth and gender • go to www.gov.uk/employment-status-indicator 2 When the National Insurance number used by • go to HMRC’s interactive employment status tool at HMRC differs from the one you already hold www.hmrc.gov.uk/calcs/esi.htm • phone the Employer Helpline If the National Insurance number used by HMRC for an employee differs from the one you already hold, use the National Insurance number given to you by HMRC. If your employee disputes this is the correct National Insurance number advise them to contact HMRC. CWG2 (2015) Chapter 1 4
3 National Insurance number and identity • when the remuneration is fixed or determined — if the amount for a particular accounting period is The National Insurance number card should not be determined before the end of that period, take the accepted by anyone as proof of identity. HMRC no longer date as being when the period ends issue plastic National Insurance number cards but they — if the amount is determined after the period ends, can issue written confirmation to a person who requests a take the date as being when the amount is determined reminder of their National Insurance number. If your new employee doesn’t know their National Insurance number For NICs purposes and you haven’t yet included them on an FPS, you should The point of payment is that at which the earnings are ask them if they have an old payslip or form P60 – you will placed unreservedly at the disposal of the employee. usually be able to find it there. If the employee is a director, go to www.hmrc.gov.uk/nitables/ca44.pdf If you can’t get a National Insurance number from a new You can seek advice on what to do for PAYE and NICs employee, you must still send their details on the first FPS purposes by phoning the Employer Helpline. that includes a payment to them – but you must leave the National Insurance number field blank for that employee. Late notification of marginal items of pay You must not use an incorrect or ‘dummy’ National Occasionally, payroll sections do not get to know about Insurance number. certain marginal items of pay, for example expenses, until some time after they have been paid or treated as paid. When you submit the FPS, HMRC will try to match the So they include the item in a later earnings period because employee’s details to their National Insurance number, and it is time-consuming to have to revisit the correct earnings where HMRC are able to match the employee’s National period and recalculate the NICs due. HMRC will allow you Insurance number with the details you provided, you will to use a later earnings period when calculating the NICs get a message through the FPS submission route telling due, even on the rare occasions when such payments are you the correct National Insurance number. notified late and the most convenient earnings period If you do not receive a message from HMRC telling you the falls within the next tax year. But the marginal item of correct National Insurance number, continue to leave the pay must be included in the gross pay for the purposes of National Insurance number field blank for that employee calculating NICs without any undue delay. until notified. Marginal items of pay included in a later earnings period The fact that a person has a National Insurance number do not have to be reported to HMRC when paid. They does not mean that the person has the right to work or should be reported when they are included in the later live in the UK. It is not a passport to employment. For more earnings period at the time that the earnings paid in that information on a person’s right to work in the UK go to later period are paid. www.gov.uk/employers-checks-job-applicants You must allocate marginal items of pay to the correct or phone the Home Office on 0300 123 4699. earnings period and recalculate the NICs where the 4 How to get an employee’s National deferred calculation may have a material effect on an Insurance number individual’s benefit entitlement. For example, where an To find out how to get an employee’s National employee earns around the Lower Earnings Limit. Insurance number, or if you want to check an employee’s HMRC will also ask you to include the marginal item of pay National Insurance number before including it on the in the correct earnings period and recalculate the NICs due employee’s payroll record go to www.gov.uk/business- where it appears that you are deferring the calculation to tax/paye avoid or reduce NICs. When to work out NICs and PAYE If you must allocate the marginal item of pay to the correct earnings period and recalculate the NICs, you will As a general rule both NICs and PAYE are operated when a need to ensure that the year to date National Insurance payment of earnings is made to an employee. information submitted on a Full Payment Submission For PAYE purposes reflects the correct values. If the employee is not a director, operate PAYE on the ‘Marginal items of pay’ do not include amounts paid, or earlier of: treated as paid, by way of securities, for example shares, • when you actually make the payment share options. • when the employee is entitled to be paid, even if the pay is not drawn until later If an item of pay is not marginal and your payroll section does not find out about the item in time to include it in the If the employee is a director, operate PAYE on the correct earnings period, the pay records must be adjusted earlier of: to allocate the item to the correct earnings period. • when you actually make the payment • when the director becomes entitled to be paid • when the payment is credited in the company accounts or records, even if — the director cannot draw the money straightaway because there is a block on the right to payment � — the credit is not specifically in an account in the director’s name � 5 Chapter 1 CWG2 (2015)
National Insurance contributions (NICs) Abolition of Secondary NICs for those employees under the age of 21 • From April 2015 the rate of employer Class 1 secondary contributions will be 0% for employees under the age of 21 up to a new ‘Upper Secondary Threshold’ (UST) • Class 1 secondary contributions will continue to be payable on all earnings above this threshold • The current way in which NICs is assessed remains unchanged • Employers should ensure that they hold the employee’s correct date of birth • For more information please see CWG2, Chapter 3, paragraph 90 Employment Allowance This annual £2,000 Employment Allowance became available from 6 April 2014 for businesses, charities and Community Amateur Sports Clubs to be offset against their employer Class 1 secondary NICs. Businesses, charities and Community Amateur Sports Clubs may claim the Employment Allowance if the earnings they pay give rise to a secondary Class 1 NICs liability. Service companies have limited eligibility for Employment Allowance (they are not able to claim in respect of deemed payments of employment income). From April 2015 the Employment Allowance will be extended to certain individuals employing carers. This extension is subject to Parliamentary approval. You will need to determine your eligibility. For more information, details of eligibility and how to claim the Employment Allowance see CWG2, Chapter 3, paragraph 89 and go to www.hmrc.gov.uk/nicsemploymentallowance Class 1A NICs on taxable benefits Class 1A NICs are due on most taxable benefits in kind. Details of when liability for Class 1A NICs arises and how they are calculated, reported and paid are included in CWG5(2015), ‘Class 1A National Insurance contributions on benefits in kind’. For more help and advice go to www.hmrc.gov.uk/guidance/cwg5.pdf You should also read CA33, ‘Class 1A National Insurance contributions on Car and Fuel Benefits’ if you provide car and fuel benefits in addition to other benefits. Go to www.hmrc.gov.uk/guidance/ca33.pdf CWG2 (2015) Chapter 1 6
How to work out NICs and PAYE for various pay intervals The following charts will help you work out NICs and PAYE for most pay intervals. The calculators on our website at www.hmrc.gov.uk/calcs-tools/index.shtml can be used for those pay intervals marked * below. If you use the Basic PAYE Tools to calculate all payroll deductions and carry out real-time reporting, it will handle the pay intervals marked ^ below. You can find out more about the Basic PAYE Tools at www.hmrc.gov.uk/payerti/getting-started/ payroll-system.htm For examples of how to calculate NICs using the exact percentage method go to www.hmrc.gov.uk/calcs/nice.htm Pay To work out NICs Working out PAYE using Tax Tables A - The Pay intervals Adjustment Tables Using a code on a cumulative basis Using a code on a week 1/ month 1 basis Weekly* ^ Earnings period is weekly Use the table for the tax week Use the table for week 1 Use either the appropriate weekly table or that includes the date of payment. on each payday. the exact percentage method to calculate If a payday is in week 53, use the NICs. table for week 1 again on a non-cumulative basis. Fortnightly* Earnings period is two-weekly Use the table for week 2 for the first Use the table for week 2 ^ Use either the appropriate weekly table or payment after 5 April, even if the on each payday. the exact percentage method to calculate payment is made in the first week of NICs. If you use the tables: the tax year. Use the table for week 4 • divide the earnings on which NICs are for the second payment and so on up payable by 2 to week 52. If there is a 27th payday • look up this figure in the appropriate in the tax year use the table for week weekly table 2 again on a non-cumulative basis. • multiply the NICs shown in the table by 2 This is the amount of NICs due. Four- Earnings period is four-weekly Use the table for week 4 for the first Use the table for week 4 weekly* ^ Use either the appropriate weekly table or payment after 5 April, even if the on each payday. the exact percentage method to calculate payment is made in the first, second NICs. If you use the tables: or third week of the tax year. Use • divide the earnings on which NICs are the table for week 8 for the second payable by 4 payment and so on up to week 52. • look up this figure in the appropriate If there is a 14th payday in the tax weekly table year use the table for week 4 again • multiply the NICs shown in the table by 4 on a non-cumulative basis. This is the amount of NICs due. Monthly* ^ Earnings period is monthly Use the table for the month that Use the table for month 1 Use either the appropriate monthly table includes the date of payment. on each payday. or the exact percentage method to calculate NICs. Quarterly ^ Earnings period is quarterly Use the table for month 3 for the Use the table for month 3 Use either the appropriate monthly table or first payment after 5 April, even if on each payday. the exact percentage method to calculate the payment is made in an earlier NICs. If you use the tables: month. Use the table for month 6 for • divide the earnings on which NICs are the second payment and so on. payable by 3 • look up this figure in the appropriate monthly table • multiply the NICs shown in the table by 3 This is the amount of NICs due. Half-yearly Earnings period is half-yearly Use the table for month 6 for the Use the table for month 6 ^ Use either the appropriate monthly table or first payment in the tax year, and the on each payday. the exact percentage method to calculate table for month 12 for the second NICs. If you use the tables: payment. • divide the earnings on which NICs are payable by 6 • look up this figure in the appropriate monthly table • multiply the NICs shown in the table by 6 This is the amount of NICs due. 7 Chapter 1 CWG2 (2015)
Pay To work out NICs Working out PAYE using Tax Tables A - The Pay intervals Adjustment Tables Using a code on a cumulative basis Using a code on a week 1/ month 1 basis Annually ^ Earnings period is annually Use the table for month 12. Use the table for month 12. Use either the appropriate monthly table or the exact percentage method to calculate NICs. If you use the tables: • divide the earnings on which NICs are payable by 12 • look up this figure in the appropriate monthly table • multiply the NICs shown in the table by 12 This is the amount of NICs due. Intervals of Earnings period is one week Use the table for the tax week that Use the table for week 1 for less than Add together all the payments made in an includes the date of payment. If a each payment. a week ^ Income Tax week and if the total goes over payment is in week 53, use the table Add to each payment any the weekly lower earnings limit and the for week 52 again. payments made earlier in Primary and Secondary Thresholds, NICs the same Income Tax week are due. when working out the tax to Use either the appropriate weekly table or be deducted. the exact percentage method to calculate NICs from the employer and employee respectively. Irregular Earnings period is the interval the Use the table for the week that Use the table for the pay payment covers includes the date of the payment. If week that includes the intervals of You must use the exact percentage method a payment is made in week 53, use date of payment. (Where more than to work out the NICs due. To do this: the table for week 52, unless you are employment started after a week • work out the daily lower earnings limits given written instructions by us. 5 April, deduct from that but not and upper accrual point by dividing the the number at the date of multiples weekly limits by 7 commencement.) After that, of weeks or • multiply the answers by the number of take into account the time months calendar days in the period which the elapsed between payments payment covers to the employee to work • work out the daily Primary Threshold, out the correct basis to use. Secondary Threshold and Upper Earnings For example, if the first Limit/Upper Secondary Threshold by payment is in week 4, use dividing the annual figures by 365 the table for week 4. If the • multiply the answers for the Primary next payment is made in Threshold, Secondary Threshold and week 10, use the table for Upper Earnings Limit/Upper Secondary week 6 (10 minus 4), or if Threshold by the number of calendar days the next payment is in week in the period which the payment covers 10 but the employment In all cases the resulting figures should be started in week 6, use the calculated to the nearest penny. Amounts table for week 4 (10 minus of £0.005p or less should be disregarded. 6). If the next payment is NICs are due on earnings in each interval if made in week 16, use the the earnings exceed the Primary Threshold table for week 6 and Secondary Threshold for employees (16 minus 10). and employers. Employees Earnings period is the length of time you If you employ them for less than a Use the table for the week paid once employ them or one week whichever is week, follow the rule in the first row the employment ends if the longer only, or above for intervals of less than a employment started before Follow whichever rule above applies. employees week. If you employ them for more the start of the tax year. paid once than a week, use the table for the If the employment started only where week the employment ends. after the end of the tax year the earnings use the table for the length period is of the employment. For one of those example, if the employment marked *^ starts in week 5 and ends (see page 7) in week 9 use the table for week 4 (9 minus 5). CWG2 (2015) Chapter 1 8
Operation of PAYE and Class 1 NICs when Example - regular payday and actual payday cross the regular date for payment is a a tax year non-banking day Regular payday on Monday 6 April 2015, (tax year 2015 When a regular payday falls on a non-banking day to 2016) but paid on Thursday 2nd April (tax year 2014 (Saturday, Sunday or bank holiday) and because of this to 2015) may be treated for PAYE/NICs purposes as payment is made on the: being paid on 6 April. Payments should be reported on • last working day before the regular payday the FPS on or before 6 April 2015 with a “payment date” • the next working day after the regular payday on the FPS showing 6 April 2015. For PAYE purposes the payment may be treated as having Regular payday on Friday 3rd April 2015 (tax year been made on the regular payday. This is also the date 2014/15) and payment made on first day after the that should be reported on the Full Payment Submission non-banking days (Tuesday 7th April). Payments may be as the ‘payment date’ even if the actual payment is made treated for PAYE/NICs purposes as being paid on Friday slightly earlier or later. There is a weekly/monthly chart at 3rd April and the payment date of the FPS would be the paragraph 6. 3rd April. In this case employers should either For NICs purposes the payment must be treated as if it had - report the payment on an FPS sent in advance of the been made at its regular time, if the actual and regular actual payment date (on or before the 3rd April); or � payment days are in the same tax year. The payment may - send the FPS on the actual payment date (7th April) also be treated as having been made at its regular time and complete the ‘late reporting reason code’ G on when the payment dates cross a tax year. the FPS. This is because if the FPS is sent on the 7th, showing a payment date of the 3rd it will appear to be Example – regular payday falls on a non-banking day late and a penalty may be charged. Payment made on the last working day before the regular payday. All other payments you make on regular paydays that fall on banking days and the deductions due must be reported Pay due on Sunday 6th December 2015 (tax month on or before the date of payment unless an exception 9) but paid on Friday 4th December (tax month 8) applies - see www.gov.uk/running-payroll/fps-after- may be treated for PAYE purposes as being paid on payday 6th December 2015. For NICs purposes the payment must be treated as having been paid on 6th December (See pages 32 and 33 for more NICs information 2015. The ‘payment date’ on the FPS should be the 6th and examples.) of December and payments should be reported on or Change of pay interval to a shorter interval before Sunday 6th December. If the interval between the payment of an employee’s Payment made on the first working day after the earnings changes to a shorter interval, for example, regular payday. monthly paid to weekly paid, take the following action. Pay due on Saturday 5th December 2015 (tax month 8) For NICs purposes but paid on Monday 7th December (tax month 9) may Work out NICs from the first payment after the change be treated for PAYE purposes as being paid on based on the new earnings period. Do this even if the first 5th December 2015. For NICs purposes the payment weekly payday falls within the same tax month as the must be treated as having been paid on 5th December previous monthly payday. To use the NICs calculator on 2015. The ‘payment date’ on the FPS should be the our website go to www.hmrc.gov.uk/calcs/nice.htm 5th of December and in these cases you should either Example - report the payment on the FPS sent in advance of the A monthly paid employee changes to being weekly actual payment date (on or before the 5th); or paid on the first day of the month, after receiving a - send the FPS on the actual payment date (7th) and monthly salary the day before. The first weekly payday complete the ‘late reporting reason code’ G on the FPS. is the 5th. Although this payment is in the same tax This is because if the FPS is sent on the 7th, showing a month as the monthly salary, treat it completely payment date of the 5th, it will appear to be late and a separately and work out NICs on the payment using a penalty may be charged. weekly earnings period. For PAYE purposes Work out PAYE using the weekly table on the first payment after the change if you have not already paid the employee in the month. If you have already paid the employee in the month of change, use the same monthly table for the rest of that month and then use the weekly table from the beginning of the next tax month. For both PAYE and NICs purposes use the same payroll record as before. 9 Chapter 1 CWG2 (2015)
Change of pay interval to a longer interval For PAYE purposes If the interval between the payment of an employee’s Work out PAYE using the appropriate monthly table on the earnings changes to a longer interval, for example, weekly first payment after the change. � paid to monthly paid, take the following action. For both PAYE and NICs purposes use the same payroll For NICs purposes record as before. � Work out NICs from the first payment after the change Employees’ payday changed but same pay based on the new earnings period. � interval kept If you have already made a payment using the old shorter Take the following action if you change your employees’ earnings period in the first of the new longer periods, payday but keep the same pay interval. For example, you the payment you have made, and NICs worked out on it, change from making monthly salary payments on the should be taken into account when working out NICs for 15th of the month to the 1st of the month. the new period as a whole. � For PAYE purposes Example 1 To find out the correct tax week/month look up the � A weekly paid employee changes to being monthly table on page 13. � paid on 9 July 2015 and receives their last two-weekly If the month or week number in which you are making payments on 29 June and 6 July. the payment: � The new earnings period is a month and will coincide • follows on from the tax month or week of the previous with the tax month which always starts on the sixth of payment, complete your payroll record and operate PAYE every month. The first monthly payday is 31 July. in the normal way - your next FPS should reflect the Work out NICs due on the first monthly pay taking payment and tax month into account the earnings and NICs worked out on the • is the same as the tax month or week of the payment made on 6 July. previous payment The total NICs payable must not exceed that which — treat the first ‘new date’ payment as an extra payment would have been payable had the two payments been for the month or week added together and monthly NICs worked out on — as only one amount of free pay can be given in a pay the total. period the free pay due is the figure used when the previous payment was made - for paydays after the Amend the payroll record. first ‘new date’ payment, complete your payroll record The weekly payment made on 29 June is not in the new and operate PAYE in the normal way, send a further earnings period and is not included in the calculation. FPS to report the revised data For NICs purposes For more information, go to Work out NICs using the normal earnings period on each www.gov.uk/running-payroll/changing-paydays of the paydays. However, where, at the time of the change of pay interval, the employee also joins your contracted-out occupational Extra payments made on a separate payday pension scheme and is covered by your contracting-out from normal pay certificate, NICs are payable at the new appropriate Where you make extra payments (such as overtime, contracted-out rate(s) and limits on the total payments commission, bonuses and so on) on a separate payday made in the new earnings period. from other pay, take the following action. Example 2 For NICs purposes Using the same dates as in Example 1, add the weekly Treat extra payments as part of the total pay at the time earnings paid on 6 July to the monthly earnings paid they are paid, no matter when they were earned. 31 July and work out NICs on the total at the If you have paid an employee and then make another appropriate contracted-out rate(s), using the new payment to them in the same earnings period, NICs have monthly NICs thresholds. to be worked out again on the total payment. Deduct the NICs previously paid on the 6th to determine Example the amount of NICs now due on the 31st. Amend An employee who is normally paid on a Friday receives the payroll record to reflect the changes to the NICs a payment of £200 on Tuesday 3 November 2015 and category letter and NICs thresholds. NICs have been worked out on that sum. In both examples, where, exceptionally, it is not practicable On Friday 6 November 2015 the employee is paid a for you to aggregate the earnings in the first new earnings normal weekly wage of £300 making a total of £500 period, calculate the NICs due on payments made before paid in that week. and after the change separately, in the normal way. This NICs must be recalculated based on £500. means that, where the date of change coincides with the date on which your employee joins the company pension If the FPS has already been sent send a further FPS to scheme, you should leave the weekly not contracted-out report the revised data. NICs unchanged and work out NICs at the contracted-out rate, using the new monthly thresholds, only on those payments made after the date of change. CWG2 (2015) Chapter 1 10
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