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Contents

Official guidance
PAYE Manual

PAYE54000 · Employer returns: regulation 80 determinations

  • PAYE54001 · Introduction
  • PAYE54005 · Regulation 80, income tax (pay as you earn) regulations 2003: SI2003 no 2682
  • PAYE54010 · Tax excluded from determinations
  • PAYE54015 · Time limits and appeals: regulation 80(5): parts IV and V TMA 1970
  • PAYE54025 · Making a determination
  • PAYE54045 · Estimating unpaid tax by a best of judgement
  • PAYE54050 · Potential dispute cases
  • PAYE54060 · PAYE failure spans several years
  • PAYE54065 · PAYE failure spans several years: what you might do instead
  • PAYE54070 · Making determinations: forms to use
  • PAYE54085 · Procedure for making determination - P380 (Cert)
  • PAYE54090 · Reissuing notice
  • PAYE54095 · Completing P380
  • PAYE54100 · Breaking up P380 and P380 (continuation)
  • PAYE54105 · Liquidation cases - address
  • PAYE54125 · Further determinations
  • PAYE54130 · Appeals
  • PAYE54135 · Care with code disputes
  • PAYE54140 · Payments on account
  • PAYE54145 · Requests for equitable treatment
  • PAYE54150 · Overpayments
  • PAYE54155 · Onus of proof
  • PAYE54165 · Employer claims relevant payment not made
  • PAYE54170 · Employer claims remuneration waived
  • PAYE54180 · Amendments to determinations; completing P382
  • PAYE54190 · Amendments on appeal
  • PAYE54205 · Accounting for tax after determination is final
  • PAYE54210 · Claims to pay reduced amount
  • PAYE54215 · Action if you oppose a reduction
  • PAYE54220 · Action if you support a reduction
  • PAYE54225 · Late P35 shows more tax than the determination
  • PAYE54230 · Employees not named in the determination
  • PAYE54235 · Effect on employees
  • PAYE54245 · Including tax in personal assessment
  • PAYE54250 · Benefit arising under S223 ITEPA 2003
  • PAYE54255 · Benefit arising under S223 ITEPA: regulation 80 tax
  • PAYE54265 · Interest: Interest on tax overdue
  • PAYE54270 · Regulation 80 tax unpaid - direction under regulation 81(4) condition A or B
  • PAYE54295 · National insurance contributions - section 8 decisions
  • PAYE54020 · Who does this work?
  • PAYE54030 · Summary - the conditions
  • PAYE54040 · Preparing the ground
  • PAYE54080 · When to make regulation 80 determinations
  • PAYE54110 · Action to take after determination made
  • PAYE54200 · Form P35 received after determination made
  • PAYE54300 · Extended time limits
  1. Employer returns: regulation 80 determinations: contents
  2. Employer returns: regulation 80 determinations: estimating unpaid tax by a best of judgement

PAYE54045 | Employer returns: regulation 80 determinations: estimating unpaid tax by a best of judgement

From HM Revenue & Customs · PAYE Manual

In some cases there may be difficulties where you

  • Do not have all the names of the employees
    Or

  • The payments made
    Or

  • A number of employees have disputed that payments were made

Regulation 80(2) - Estimates

This regulation permits you to estimate the payments and the PAYE tax due on them. You should make a note of how you calculated the estimate.

Estimated determinations are effective because the employer can use the appeal process to provide accurate figures if they dispute your estimate. Even if the company accounts are not finalised, the employer should have kept a record of payments made.

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Regulation 80(4) - Classes of employees

A determination may cover tax due for a class or classes of employees specified. It is not necessary to name the individuals who received the payments. You can describe the class of employees, for example, as

  • ‘Lorry drivers in respect of bonus payments’

You should then enter the estimated payments and the estimated tax due using the tax code that you think should have applied based on the employees circumstances.

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