Employer FAQ – P45 and P46 ProceduresMonday, October 6th, 2008
HMRC questions and answers
(Reproduced from the September 2008 issue of Notes for Payroll Software Developers)
1. I submitted a P45(3) to HMRC that included incorrect pay and tax details – what should I do?
You should include the correct pay and tax on your P11 Deductions Working Sheet but notify HMRC of the error immediately either by letter or telephone. Do not submit a further P45(3).
2. An existing employee wants to give me a P45(3) from a second job they’ve just left – can I accept it?
No. Please advise the employee to send the P45(3) to their local office. The local office will review the code and issue an amended one if appropriate.
3. I have already sent in a P46 for a new employee and received a P6, but now the employee has given me a P45(3) – can I destroy it?
Yes. Do NOT include the pay and tax figures shown on the P45(3) in your tax calculations. Operate the code number shown on the P6 coding notification together with any pay and tax that have been included on that form.
4. What steps do I need to take if I sent you a P45(1) for an employee that I thought had left but they hadn’t?
You should send a letter to the PAYE tax office confirming that the P45(1) was sent by mistake. You should also destroy all other parts of the form.
5. I am completing form P45(3) for a new employee but I’m not sure if they will be paid before the next 5th April – how do I show this?
You should enter ‘P’ in box 11or set the indicator if you are filing online and know the employee will not be paid between the start date and 5 April. Leave the box/indicator field blank if you are unsure.
6. Can I continue issuing tax rebates to staff either on termination of employment and/or after the last pay day of the tax year, if there are no earnings every week?
If a tax rebate is due at the date of termination or at the last pay day of the tax year you should make it. No further rebates should be given after either of these dates.
7. I need to send HMRC a P45(3) or P46 but the employment start date and the date of the first payment do not always coincide – what do I need to do?
Send the P45(3), showing the employment start date, to us as soon as a new employee hands one in (unless the circumstances at Q3 above apply). If you haven’t got a P45(3) from your new employee then you should send us a completed form P46, again showing the employment start date, when the first payment is made to the employee.
8. I am making a pension payment for the first time that includes some previous outstanding monthly pension payments. How do I tax this payment?
You should tax the payment as one lump sum using the appropriate tax code number on a week 1 or month 1 basis. Please refer to booklet CWG2(2008) Employer Further Guide to PAYE and NICs, chapter 2, for advice on which tax code to use.
9. My P45(3) submissions have been rejected because I have shown a cumulative tax code but haven’t provided any previous pay or tax as the values relate to the previous tax year. The employee commenced within the first 6 weeks of this tax year – can you please advise on what we need to do in order for P45(3) to be accepted?
You should submit the P45(3) including the previous pay and tax details even if they relate to a previous tax year. However, you should not include the amounts on your P11 Deductions Working Sheet for the current year. Please see page 2 of the Employer Helpbook E12(2008) PAYE and NICs rates and limits for more information on which tax code to use.
10. I sent a P46 for someone I thought would start an employment with me but didn’t, what should I do to avoid this scenario arising again?
You should only send a P46 when making the first payment to the employee even if the first payment is not made until some months after the start date. The P46 should show the ‘start’ date not the date the first payment is made.
11. Can I accept P46 information from my employee electronically?
It is up to you to obtain the information in a way that best suits your business need. The information may be obtained from the employee either online or by using the employer’s own stationery as long as you keep a record of where the information came from.
12. When should I start deducting NICs from my employee’s wages?
You should deduct NICs from an employee’s wages providing
- they are over age 16;
- they are under state retirement pension age and;
- their earnings are above the weekly, or equivalent, Earnings Threshold (ET).
For more information about deductions please refer to the Employer Helpbook E13(2008) Day to day payroll.
13. My new employee has given me part 1A of their P45(3) – can I accept and use details from this?
No – you should return the P45(1A) to your employee and ask for P45(2&3). If your employee is unable to provide these you must use form P46.
14. My agent filed my Employer Annual Return online late and as a result I’ve been charged a penalty – what do I do?
Confirm with your accountant/agent that they are continuing to file your return. Ultimately completion of the return is your responsibility and Section 98A TMA 1970 allows us to charge penalties if it is late.
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