PAYE54000 - Employer returns: regulation 80 determinations: contents


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Introduction

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Regulation 80, Income Tax (Pay As You Earn) Regulations 2003: SI 2003 No2682

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Tax excluded

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Time limits and appeals: Regulation 80(5): Parts IV and V, TMA 1970

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Who does this work?

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Making a determination

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Summary - the conditions

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Types of case

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Preparing the ground

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Broad application of Regulation 80

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Preparing the ground - dispute cases

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PAYE failure extends beyond one year

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PAYE failure spans several years

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PAYE failure spans several years: what you might do instead

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Making determinations: forms to use

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Outline of procedure

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When to make Regulation 80 determinations

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Procedure for making determination - P380(Cert)

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Reissuing notice

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Completing P380

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Breaking up P380 and P380(Cont)

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Liquidation cases - address

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Action to take after determination made

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Notices not delivered

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Further determinations

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Appeals against determinations

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Care with code disputes

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Payments on account

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Requests for equitable treatment

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Overpayments

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Onus of proof

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Evidence

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Employer claims remuneration not paid

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Employer claims remuneration waived

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Amendments to determinations; Completing P382

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Breaking up P382

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Increases on appeal

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Tax to be released

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P35 received after determination made

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Accounting for tax after determination is final

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Claims to pay reduced amount

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Action if you oppose reduction

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Action if you support reduction

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Late P35 shows more tax than the determination

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Employees not named in the determination

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Personal assessments - processing office action

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Personal assessments - Officer action

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Including tax in a personal assessment

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Benefit arising under S223 ITEPA 2003

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Benefit arising under S223 ITEPA 2003: Regulation 80 tax

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Benefit arising under S223 ITEPA 2003: Additional P35 tax

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Interest charges: Regulation 82 and Schedule 1, para 20

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Regulation 80 tax unpaid - direction under Regulation 81(4) Condition A or B

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Direction under Regulation 81(4) Condition A or B and Regulation 72(5) Condition B

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Test for accuracy prior to a direction under Regulation 81(4) Condition A or B and 72(5) Condition B

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Other action - direction under Regulation 81(4) Condition A or B and 72(5) Condition B

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Employee’s processing office action - direction under Regulation 81(4) Condition A or B and 72(5) Condition B

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National Insurance contributions - Section 8 decisions

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Extended time limits

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Reports to PSN PAYE Technical, Shipley