HMRC issues reminder on January deadline for IR35

Employers who submitted a provisional P35 for 2012-13 and paid tax/NICs on account - in line with the special rules for intermediaries - have until 31 January 2014 to submit an amended P35 and pay any additional tax/NICs due, HMRC has said.

Total PAYE and NICs for 2012-13 were due to be paid by 19 April 2013 with a completed P35 submitted by 19 May 2013. However special rules apply if intermediaries were unable to finalise the calculation of the deemed payment in time and submitted a P35 showing provisional figures and paid the estimated tax /NICs for 2012-13 by 19 April 2013.

In these circumstances, interest will be charged on late payments made after 19 April 2013, but no penalties will be charged if the original P35 and relevant P14s were received by 19 May 2013 with part 2 of question 6 on the P35 answered 'Yes' and showing remuneration paid during the year plus an amount on account of the deemed employment payment with tax / NICs correctly calculated.

There will also be an exemption from penalties if an amended P35 and accompanying documents notifying the correct final amount are sent to HMRC by 31 January 2014, and if any additional tax/NICs due (as a result of the amended P35) is paid by 31 January 2014.

HMRC will consider the original P35 will be to be final and correct if they do not receive an amended P35 and balancing payment by 31 January 2014.

More details are available from HMRC HERE

Diane Tan | Content manager - current awareness, CCH

Diane Tan is content manager, current awareness at CCH, Wolters Kluwer UK www.cch.co.uk...

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