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Official guidance
Debt Management and Banking Manual

DMBM523040 · Regulation 72 (5) Income Tax (Pay As You Earn) Regulations 2003: Making a Decision

  • DMBM523050 · Debt and return pursuit: PAYE recovery and associated processes: Regulation 72 (5) directions: Making a decision: consideration by the higher officer
  • DMBM523060 · Debt and return pursuit: PAYE: Regulation 72 (5) Income Tax (Pay As You Earn) Regulations 2003: making a decision: higher officer action
  • DMBM523080 · Debt and return pursuit: PAYE recovery and associated processes: Regulation 72 (5) directions: Making a decision: employer pays the underdeduction
  • DMBM523090 · Debt and return pursuit: PAYE recovery and associated processes: Regulation 72 (5) directions: Making a decision: employer does not pay the underdeduction
  • DMBM523100 · Debt and return pursuit: PAYE: Regulation 72 (5) Income Tax (Pay As You Earn) Regulations 2003: making a decision: employee pays the underdeduction
  • DMBM523110 · Debt and return pursuit: PAYE recovery and associated processes: Regulation 72 (5) directions: Making a decision: employee does not pay the underdeduction
  • DMBM523130 · Debt and return pursuit: PAYE recovery and associated processes: Regulation 72 (5) directions: Making a decision: status cases and Condition A
  • DMBM523140 · Debt and return pursuit: PAYE recovery and associated processes: Regulation 72 (5) directions: Making a decision: employer continues to dispute the worker’s status
  • DMBM523150 · Debt and return pursuit: PAYE recovery and associated processes: Regulation 72 (5) directions: Making a decision: reasonable care in status cases
  1. Regulation 72 (5) Income Tax (Pay As You Earn) Regulations 2003: Making a Decision: contents
  2. Debt and return pursuit: PAYE: Regulation 72 (5) Income Tax (Pay As You Earn) Regulations 2003: making a decision: higher officer action

DMBM523060 | Debt and return pursuit: PAYE: Regulation 72 (5) Income Tax (Pay As You Earn) Regulations 2003: making a decision: higher officer action

From HM Revenue & Customs · Debt Management and Banking Manual

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If a direction or refusal notice is signed by the higher officer then the case should be passed back to the caseworker.

The caseworker should:

  • BF the case for one month to allow the appeal period to elapse

  • follow DMBM523090 onwards if no appeal is received.

If an appeal is received either follow:

  • DMBM523170 if the employer is appealing against a refusal notice

  • DMBM523180 if the employer is appealing against a direction notice.

If neither a direction notice or refusal notice is appropriate the case papers should be returned to the caseworker with suitable instructions. The instruction could be to issue a:

  • further letter to the employer or their agent

  • memo to the submitting office with further advice if an underdeduction has been established but you cannot make a decision.

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