PAYE13075 - Coding: coding: general principles: coding objections
An individual who does not agree with a notice of coding may object to the code stating the grounds of the objection. This can be done at any time during the year. Normally, you will be able to reach agreement, and if necessary, amend the code. However, if agreement cannot be reached the individual may appeal.
More information about appeals is in the Employment Income (EIM) Manual at EIM71420 onwards.
The remainder of this subject is presented as follows
Age-related allowances
Allowances
Cases which must be reported to Head Office first
Coding appeal: decision final
Disputed items
Estimates
Figures not understood
Flat rate expenses (FRE)
Hardship claim
Higher rate individuals
Jobseeker’s Allowance claimants
K codes
Report of appeal
Rate of pay reduced
Underpayments coded out
Underpayment more than normal tax bill
Age-related allowances
Take particular care if an individual objects to your treatment of age-related allowances.
If you need to review the total income ask the individual for an estimate of all their individual sources of taxable income and update income, allowances, benefits and deductions. Ask to be told at once if the facts change. Explain that otherwise tax payments may be wrong and if the allowance is too high there may be more tax to pay after the year is over.
Amend the code if necessary.
Allowances
Unless you have later information, assume past allowances will still be due. However, only give a fresh allowance when the facts are clear. For example, only give the Married Couple's allowance after the date of marriage or registration of the civil partnership.
Cases which must be reported to Head Office first
Before you list any case for appeal hearing consider whether you need to report it to Head Office.
Report to Personal Tax Product & Process (PT P & P), PAYE Technical, Shipley any appeal you cannot settle locally that concerns
- An underpayment coded out. There is some guidance about these under ‘Underpayments coded out’ below
- A point of law important enough to affect other cases
Make sure that you set out the facts in any report to Head Office, which must go through your Manager.
Coding appeal: decision final
If the customer disagrees with the decision of the tribunal on their appeal against a coding notice, they may appeal to the Upper Tribunal, provided the tribunal gives permission and the tribunal’s decision is wrong in law. For further information see ARTG8020. However, this does not stop HMRC issuing a Revenue assessment after the end of the year including different figures. This means that the same point could be argued twice.
It is for this reason that we consider it best practice to take technical points on an appeal against a Revenue assessment, rather than a coding adjustment. This enables either party to pursue the case further through the courts, as well as avoiding duplication of work.
Disputed items
As a general rule, while an appeal remains open, leave disputed items in the coding unchanged. However, ‘Underpayments coded in’ below shows the occasions when you can make changes. Follow that advice if you have such a case.
Estimates
Remember that coding is provisional, so you will only have the final facts after the coding year ends. The individual may question any estimate you use. Often you can accept what the individual suggests, especially if there is not much difference in the net result.
Figures not understood
You may prevent this type of appeal if you try to clear up any doubts and explain the figures, before you amend the code.
Amend the code and leave out any amount in dispute if
- Deductions will start before you can explain the figures
And
- The appeal seems fair
Flat rate expenses (FRE)
If the current year (CY) tax code includes a flat rate expense allowance, the system
- Carries forward the same allowance if it is unchanged
Or
- Enters the new agreed allowance for the following year
If the individual appeals against the FRE coded on the grounds that it does not agree with the list at EIM32712, correct the tax code using the facts given.
If the individual appeals against the FRE coded on the grounds that they wish to claim the actual costs of the expenses incurred, follow the general ‘Expenses’ guidance at PAYE12045.
Hardship claim
The individual may claim that the extra deductions you propose will cause hardship. If this happens
- Consider the facts given, and if necessary ask for rough figures of income and outgoings
- If you agree that there is hardship, reduce the amount of underpayment coded in and amend the code
See PAYE12070 for information about the number of years to collect the underpayment over; the maximum number of years is three. Use these points as a guide
- Coding in £100 or less should not normally cause hardship. However, use your judgement in exceptional circumstances, for example if the individual has a lot of extra expenses in one year
- With larger amounts code in at least one third of the estimated tax payable for the year on all sources of income subject to PAYE
- Follow this rule in broad terms and round small balances so that you spread the total as simply as you can
If you have any doubts about a hardship claim, ask an Inspector to review the papers. If you are still unable to settle the case report all the facts to PT P & P, PAYE Technical, Shipley. If you propose to reduce the amount coded, do so before submitting the papers.
Higher rate individuals
A higher rate individual may feel that the codes you propose will give the wrong result. When this happens take the following action
- Look again at the codes and how you have allocated rates of tax. Use the individual's estimates of pay
- If the individual objects remove any non-PAYE income for example untaxed interest, taxed income adjustment, property income or other income from a trade profession or vocation by entering the income details in the non coded income entry field on the income, allowances, benefits and deductions earnings page, for more information refer to PAYE130035. In these cases an SA record will be required to collect the tax due
- If necessary, change a secondary source code or amend a primary source coding adjustment. If you make a higher rate adjustment in the primary source code note Contact History. Record the name of the secondary source involved. This will help you in the end of year work item review
- If agreement cannot be reached on how to spread the rates of tax, ask an Inspector to review the case
Jobseeker’s Allowance claimants
If an individual claims that any part of the benefit is not taxable, ask the individual the type and amount of benefit received. The Employment Income (EIM) Manual at EIM76100 onwards gives details of which benefits are taxable.
K codes
The main purpose of K codes is to collect tax on benefits in kind or state benefits. The individual can object to a K code if it has been created by non-PAYE income or by an underpayment. If this is the case
- Take the non-PAYE income out of the code by entering the income details in the non coded income entry field on the income, allowances, benefits and deductions earnings page, for more information refer to PAYE130035. In these cases an SA record will be required to collect the tax due
- Refer to PAYE90000 onwards to see if the underpayment can be spread over a number of years or paid direct to the Debt Management office
Report of appeal
If an individual requests a review or appeals to the Tribunal, see ‘Appeals Review and Tribunal Guidance’ (ARTG) for what to do. You may need to send the papers out of the office. If you do, attach a report, this will help any colleague who reviews the case.
Rate of pay reduced
If you find that the rate of pay has fallen, your estimates will be wrong. You can accept the individual's estimates - record the new estimate in income, allowances, benefits and deductions and trigger a tax code calculation.
Underpayments coded out
An individual may appeal against the amount of an underpayment in the coding. You may find four types of case.
The individual
- Does not understand the figures
- Considers that you should only enter an amount equal to the normal PAYE bill
- Claims that the extra deductions will cause hardship
- Tells you of a permanent change in the rate of pay after deductions start. The new figures show that little or no tax is due
More information is given about each type of case under the separate headings in this subject.
Underpayment more than normal tax bill
The individual may tell you that his or her normal PAYE tax bill will be less than the underpayment. If so they may ask only to pay tax arrears through coding up to that amount. In these cases you must change the coding.
At Annual Coding the system includes all the uncleared underpayment to be coded. It cannot consider the level of tax due on the estimated PAYE income. You will have to decide whether to spread the total over more than one year's coding, see PAYE98020 about how to spread an underpayment.
If so, set the Manual Code indicator with the reason underpayment collection in the Maintain Individual area.
