CSLM10013 – FAQs: employers questions and answers: P46 has a tick in the SL box - t/p is not a borrower


Suggested answer

If the P46 has not been sent to HMRC, you can destroy it and ask the employee to complete a fresh P46 without a tick.

If a P46 with a tick in the Student Loans box has been sent to HMRC, you should start making deductions from the next pay day. Tell your employee to contact HMRC. If student loan deductions are not appropriate HMRC will contact you to tell you what to do. If you want to contact HMRC direct, call the Employers helpline on 08457 143 143. You should explain why you started making deductions and why you are now being asked to stop those deductions.

If it is confirmed that deductions are not necessary you will receive written confirmation from HMRC authorising you to stop. At the same time you will be asked if you can refund any in-year deductions already made direct to your employee. This refund of student loan deductions should be included when working out your payments to HMRC.

If for any reason you are unable to make such a refund you will be given a telephone number to use to explain any difficulties you may have.

HMRC Action

East Kilbride Student Loans Unit will take the following action

  1. Determine whether student loan deductions are appropriate.

  2. If necessary contact the Student Loans Company to confirm that the taxpayer is not a borrower

  3. Issue a Stop Notification to the employer and a letter asking the employer to refund SL deductions made