A technical consultation setting out the mechanism by which HMRC will be able to account for taxes already paid by individuals and their intermediary on income received from off-payroll working when recovering the tax due under PAYE from the employer has been published by HMRC.
The department invites comments on the draft legislation and these should be emailed by 22 February 2024 to: offpayrollworking.legislation@hmrc.gov.uk.
The draft statutory instrument published alongside the consultation contains detailed provisions to be introduced in the Income Tax (PAYE) Regulations 2003 to allow the PAYE liability that is recovered from the deemed employer to be reduced by amounts of tax already assessed and/or paid by the worker and their intermediary. It also contains conditions under which it can apply the mechanics of the recovery and the appeal rights associated with it.
The government announced this legislative change in the 2023 Autumn Statement....
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