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Issue of PAYE codes and coding out debts

HMRC have informed us that 17 and 18 million P2 annual coding notices are being sent over the next two months and provided some information about coding out underpayments of up to £2999.99 through tax codes. The CIOT have queried with HMRC whether coding notices for those in SA will, as previously requested, be delayed until after Tax Returns have been processed and we will post an update once we have a reply.

HMRC Briefing Note

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We told you in our briefing note on 10 November 2011 about the new regulations which took effect from 20 July 2011. This allows HMRC to collect up to £2,999 of tax owed through the PAYE tax code. This briefing is to let you know that HMRC has now issued letters to individuals who fall into the selected criteria.

From April 2012 HMRC will be able to collect debts up to the value of £2999.99 by amending the tax code of individuals in PAYE employment or receiving a UK-based pension.

HMRC began sending letters to selected SA debtors from August 2011, and to tax credit claimants with outstanding overpayments from early October. The letter explained that their debts or overpayments may be collected by tax code adjustment from April 2012 and gave them a final chance to either pay in full or make contact to discuss other payment options.

The first PAYE coding notices to include these changes will be issued from January 2012. An SA debt or tax credit overpayment will be described on the P2 Annual Coding Notice as “Outstanding debt” with a note to say whether this is SA tax, a tax credit overpayment or both.

HMRC may charge interest on any debt which remains outstanding or if the arrangement to code out is no longer an option. If this occurs then HMRC will write asking for payment of any interest charges at a later date. Interest is not charged on tax credit overpayments.

HMRC will not change tax codes in year to recover these debts or overpayments. They will always be included in the code issued for the start of the tax year, and will only be amended if HMRC has been notified of a change in circumstances.

Safeguards already exist to prevent excessive deductions from salary via PAYE; these will still apply to HMRC’s ability to code out debts.

Further information can be found at: http://www.hmrc.gov.uk/payinghmrc/problems/dontpay/debts.htm

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Technical Team

24 January 2012

 

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