What’s included here?
UPDATE 13/5/13 (Filing your Employer Payment Summary): If an employer has CIS tax suffered on income or is recovering any element of statutory payments (such as SMP) then they must file an EPS for each month which is affected. The EPS for month 1 must be filed by 19 May.
UPDATE 10/4/13 (Filing 2011/2012 joiner or leaver forms): Since we are now in 2013/2014
and the new RTI process are in place, HMRC’s systems are no longer able to accept
old style filing. If you had recent joiners or leavers you may not yet have filed
their forms P45 or P46 -
UPDATE 20/3/13 (Budget confirms the RTI penalty regime): In his budget speech today,
the Chancellor revealed details of the new penalty regime which comes into effect
from 6 April 2014. The key features include:
• penalties will apply to each PAYE scheme
•
penalties will be based on employee numbers
• employers will be allowed one un-
• penalties will be charged quarterly
• regulations will be used
to set the penalty rates
UPDATE 19/3/13 (Temporary relaxation): HMRC has announced a relaxation of the reporting
arrangements for small businesses (those with less than 50 employees) until 5 October
2013 to allow further time for those struggling to get their procedures properly
in place. Although applicable to all such businesses, the measure is aimed primarily
at those with frequent or irregular employee payments who might find it hard to report
payments at the time they take place. It is understood that all will be well providing
the reporting is done no later than by the end of the tax month. Bearing in mind
that there will be no actual late reporting penalties during the first year of RTI,
one assumes the relaxation means that HMRC will simply ‘not get cross’ during the
first 6 months, will then ‘get cross but still not penalise’ for the second 6 months
and ultimately will both ‘get cross and penalise’ from the start of the second year.
We again remind employers that any talk of “no penalties” refers only to the reporting
under RTI and that other employer obligations remain enforceable and, where applicable,
subject to penalties -
UPDATE 12/3/13 (Penalties): It has been widely known for some time that there will
be a softly softly approach on penalties with “none being charged in the first year
of RTI”. Take care, all is not what it may seem -
Note that a less harsh penalty regime for late payment will begin from April 2014. Under those new rules, the first late payment will not incur a penalty, the next 3 will incur a 1% charge, the next 3 will incur a 2% charge, the next 3 will incur a 3% charge and the next 2 will incur a 4% charge. Contrast that with the current penalty regime under which the 11th and 12th late payments incur the same 4% charge as under the new system but they also cause the 4% rate to be charged on all previous late payments.
UPDATE 1/3/13 (Start dates): Most employers will by now have received a letter from HMRC confirming that their RTI start date will be 6th April 2013 as expected. If we run your payroll then you can rest assured we have this covered on your behalf but if you operate your own payroll then you shold already be getting prepared. Our more detailed guidance here explains what you need to be doing.
UPDATE 18/2/13 (Basic tools): If you’re using HMRC’s Basic Tools for your payroll then you’ll need to change to their RTI version for the new tax year. Here is the guidance they have published about closing the 2012/2013 tax year and making the switch to their RTI version.
UPDATE 1/2/13 (Preparation): With RTI now only some 10 weeks away for most employers, now is perhaps a good time to sit up and take note if you have not already prepared yourself for the new processes required. Even for those who had taken an interest previously, now is a good time to remind themselves of the changes. Some useful information was included in HMRC’s Employer Bulletin 42 last year providing clear and simple guidance on the key aspects RTI.
UPDATE 4/12/12 (Penalties): It has been announced that during the first year of RTI
(2013/2014) there will be no penalties for late submission of employer FPS (that’s
the ordinary submission which must be made each time wages are paid). The penalty
regime in that first year will be rather similar to the existing system ie it will
be geared only towards the end of year position -
Note also that there has for some while been, and will continue to be, the possibility of penalties where an employer fails to take reasonable care in dealing with their tax obligations so those who blatantly fail to meet their RTI obligations may still be penalised under these provisions.
Note that penalties for late payment of PAYE will continue to apply on the current basis.
It is not HMRC’s intention to collect penalties but, rather, to encourage compliance so the lack of automatic penalties for late FPS is to be welcomed and provides the opportunity for employers to get used to RTI without the immediate fear of financial penalty. Had automatic penalties been imposed from the outset it would undoubtedly have lead to a considerable number of FPS being made with errors (in blind panic to avoid being penalised) thus leading to a proliferation of correcting submissions and a whole load of confused and messed up information at the tax office.
UPDATE 29/11/12 (Relaxation in limited circumstances): HMRC has been working closely with employers and representatives who have shown that in a limited number of cases reporting information in real time (which means reporting payments to HMRC on or before the time of payment) would be difficult or impossible. As a result, there will be up to seven days to report payments in certain cases although this relaxation addresses only specific circumstances and is not of generally wide application. The relaxation, apart from dealing with some odd situations which most small employers will never face, focuses for practical purposes on those paid in cash or by cheque at the end of the day based on the hours worked such as crop pickers or catering staff. HMRC has published a table of the circumstances in which the additional time will be allowed. For the majority of employers the rule that payments must be reported on or before the time of payment stands and despite all the debate it is unlikely that we will see any general relaxation of the reporting requirement.
UPDATE 12/11/12 (Difficulties foreseen): The Institute of Chartered Accountants in England and Wales (ICAEW) tax faculty is quoted as saying they are “particularly concerned about the impact of [real time reporting] on smaller businesses” and that “the proposed rules do not take account of the real world”. The concern relates specifically to the requirement in the current proposals that the employer must report all of the payroll run data to HMRC before (or at the same time as) paying an employee and it has been suggested that perhaps monthly reporting would be a more workable solution. If there is a rule then it follows that there would be penalties for failure so the end result in practice (and again referring the the mass of smaller employers) is that there would surely be a enormous number of penalties and that is unlikely to be favoured by anyone including HMRC (the aim is to achieve compliance and not simply to collect penalties).
__________________________________________
A major change to the way PAYE operates is coming into force April 2013. The new
system is known as Real Time Information (RTI). It is a huge change and affects ALL
employers (actually there are a few exceptions but these are not the norm -
A brief word about what had originally been proposed -
On the other hand RTI, the system which is happening, does not put everything in the hands of HMRC and it is still the employer who does the payroll just like now. The difference is that the employer has to tell HMRC all the wages details before or at the time of payment.
Bearing in mind that currently HMRC hasn’t got a clue what people are earning until they see the P60 info at the end of the year or P45 info where people change jobs, the new system should allow HMRC to react appropriately to get PAYE codes right where people have two jobs or other changing circumstances as they will have the info payday by payday. Up to date earnings information will be available for benefit and other similar purposes.
Make no mistake -
WHEN DOES IT START?
HMRC will give 4-
WHAT IS IT?
There is no change to the method of calculating pay (ie employers continue
to run the payroll just as they do at the moment). The only change is in the way
the information is reported to HMRC. RTI is all about filing live data with HMRC.
It is all about timing so you may need to review your payroll procedures, especially
for joiners and leavers, to ensure you have all the right information when it is
needed.
If you use software to run your payroll you will need to check that it will be RTI enabled. If you do your payroll manually then you will need to find software to do it in future. Manual payroll (and simply completing things like forms P45 using the online facility on HMRC’s website) will no longer be an option. As an alternative to using commercial software, employers can use HMRC’s “Basic Tools (RTI version)” but this can cater for a maximum of only 9 employees.
It was previously possible to use Basic Tools with more than 9 employees and the only restriction was that there could be no more than 9 current employees at the end of the year to allow the P35 to be filed using Basic Tools. Contrast that with RTI under which the Basic Tools will accept only 9 employees through the whole year.
REAL TIME IN A NUTSHELL
In a nutshell you will:
> Continue to get a P45/P46 from joiners.
> Continue to do a P45 for leavers.
> Continue
to do a P60 for employees at the end of the year.
> Start filing your payroll figures
(earnings, tax NI etc) with HMRC every time you pay your employees (this is called
a Full Payment Submission (FPS) and must be submitted before or at the same time
as you pay your employees).
> Stop filing joiner and leaver forms P45/P46 with HMRC
(all the info is in your FPS).
> Stop filing a P35 at the end of the year (HMRC has
all the info from your FPSs through the year).
You will need to be aware that HMRC will now know the exact amount of PAYE/NI you should be paying each month.
HMRC has not yet published guidance on what will happen if you fail to submit an FPS until after the employees have been paid but no doubt there will be a scale of penalties for late submission. Note that the existing penalties for late payment of your PAYE/NI will continue to apply.
WHAT INFORMATION IS SENT TO HMRC?
There are four types of submission to HMRC:
Employers Alignment Submission (EAS)
This is a one-
Full payment submission (FPS)
This is the main submission done with each payroll run
and provides HMRC with details of starters and leavers together with each employee’s
earnings and deductions and of course the amount you owe to HMRC (which will continue
to be paid either monthly or quarterly just as it is now). Let’s be clear, if you
do a weekly payroll you will make 52 FPSs during the year.
Employers Payment Summary (EPS)
This is submitted only where there is a need to tell
HMRC if the amount of PAYE/NI you are due to pay is not the same as the total of
the FPS figures eg if the payment is reduced because of CIS tax. An EPS is also used
to advise HMRC of a nil payment.
National Insurance Verification Request (NVR)
Since an NI number is unique to each
employee and is central to maintaining their tax records, an NRV submission allows
employers to validate an employees NI number or to request one where a new employee
does not have one.
As the start of RTI draws closer, employers should prepare themselves. Here are the keys steps to be taken:
Here’s easy access to some of the information produced by HMRC:
1. A Business Readiness Checklist (opens in new window)
2. A step by step guidance on operating PAYE in real time (opens in new window)
2. A set of FAQs (reproduced below)
What RTI will do and why the system needs to change
Q: What will RTI do?
A: Using RTI, employers will tell HM Revenue & Customs (HMRC)
about tax, National Insurance contributions (NICs) and other deductions when or before
the payments are made, instead of waiting until after the end of the tax year.
RTI will:
Employers and pension providers will send this information to HMRC online for payments made to all their employees including those paid below the National Insurance Lower Earnings Limit (LEL).
Q: How does RTI support the payment of Universal Credits?
A: RTI will support Universal
Credits by providing the Department for Work and Pensions (DWP) with up to date information
about claimants' employment income, enabling them to calculate Universal Credits
payments without the need for claimants to supply employment or pension income information.
Q: Why change the PAYE system?
A: RTI will enable HMRC to improve the way that the
PAYE system operates and builds on the work already done with the introduction of
the National Insurance and PAYE Service (NPS).
Under the current PAYE system employers tell HMRC what deductions they have made from employees pay after the end of the tax year. Only then are HMRC able to review whether the correct deductions have been made under PAYE.
With RTI, HMRC will be receiving information when, or before payments are made and will be better able to ensure the correct deductions are made from pay. This will mean more employees will pay the right amount of tax and National Insurance in the tax year.
Q: How will RTI be less of a burden?
A: RTI reporting will become an integral part
of an employer's normal payroll activity. When employers run their payroll the payroll
software will gather the information required and send it to HMRC. This will be done
using the internet through the Government Gateway or by using Electronic Data Interchange
(EDI) on or before the date payment is made.
There will be transitional costs of introducing RTI but analysis indicates the system will be cheaper for employers and HMRC to operate once it is bedded in.
For HMRC it will mean that there are fewer individual customer records needing an
end-
Q: What does RTI mean for HMRC?
A: For HMRC it will mean that there are fewer individual
customer records needing an end-
Q: Does RTI apply to the self-
A: No -
What changes will be made to the operation of PAYE using RTI?
Q. Will I be able to send PAYE pay and tax details in real time using PAYE Online
(the 'Portal')?
A. No. Instead, you will need to use either payroll software or, if
you have nine or fewer employees, HMRC's Basic PAYE Tools, to send this information
in electronic reports called Full Payment Submissions (FPS) directly to HMRC.
How will RTI operate?
Q: Will forms P35, P14 and P38A be needed using RTI?
A: No -
Q: Why does an FPS include the hours worked?
A: The hours worked is required for the
purposes of calculating Tax Credit payments.
Q: How soon after the Employer Alignment Submission (EAS) will the employer be permitted
to send in their first RTI submission?
A: Once the EAS has been successfully submitted
the employer is considered to have joined RTI and they can start sending FPSs immediately.
We recommend that employers wait 30 minutes in between submitting the EAS and the
first FPS so that the FPS does not 'overtake' the EAS during processing.
Q: How will HMRC treat statutory payments shown on an Employer Payment Submission
(EPS)?
A: If you have claimed an advance of statutory payments then the amount you
report on an EPS will be set off against the PAYE due as reported on an FPS. If a
credit remains this will be set-
Q: I pay my employees monthly, which is when they receive their payslips. However,
I also make 'interim' payments mid-
A:
You can find guidance on whether a payment should be treated as salary on account, and therefore subject to PAYE, or a loan or advance which is generally not subject to PAYE, in HMRC's Employment Income Manual (EIM42280). When submitting payroll information in real time, you should send an FPS at the same time as you operate PAYE. We appreciate that the timing of the requirement to send a FPS may cause issues where occasional ad hoc payments are made to individual employees and the payroll would not normally be run at that time. We will look at this issue as part of our review of the requirement to send the FPS 'on or before' the time of payment. In the meantime, where it is impractical to send an FPS when an occasional ad hoc payment is made, we are content for pilot employers to follow their existing processes and report such payments in their next regular payroll run/FPS. Where making a payment on account to a particular employee is a regular arrangement, as opposed to occasional and ad hoc, we expect employers to amend their processes to ensure these are reported on or before the time of payment.
Q: Will I have to make a RTI submission even if I haven't paid anyone?
A: If you are
registered with HMRC as an employer who pays HMRC quarterly, we will know to expect
quarterly payments from you without you needing to do anything further.
All employers need to send an FPS every time they pay their employees, whether they
pay HMRC monthly or quarterly. If you haven’t made any payments to any employees
in a tax month, you should send HMRC an EPS showing 'No payment due as no employees
or subcontractors paid in this pay period' within 14 days following the end of the
tax month. This also applies to employers who pay HMRC on a quarterly basis -
Q: I have about 15 newspaper boys/girls who are all under 16 and are paid between
£10-
A: No. Employees under 16 do not need to be included in an FPS etc, unless their earnings exceed the income tax personal allowance. When an employee reaches 16, read our guide 'Employee reaches 16'. However if you already include employees under 16 on your payroll and you would find it easier to include them in the FPS with the rest of your employees then you may do so.
Q: Can I advise HMRC that I am not going to have any employees for a specified period?
A:
Yes. You can submit one EPS to advise us of your 'period of inactivity'. HMRC will
not expect any other return, nor any payment, for the period(s) reported.
Q: Is an employer required to submit RTI returns if they do not currently have a
PAYE scheme to submit PAYE returns and do not have any employees earning above the
LEL?
A: The operation of PAYE remains the same under RTI. So if an employer is not
required by law to complete a 'deductions working sheet' for any employee, the employer
will not be required to operate PAYE, so not subject to RTI, or have a PAYE scheme.
Where an employee earns less than the LEL and their income is not required to be
reported under PAYE, the individual will be expected to inform DWP of their earnings.
As part of Universal Credit, DWP will have alternative processes to collect information
about income that is not reported through RTI. If an employer is operating PAYE then
using RTI they will have to tell us about payments of earnings to all employees,
even where an employee earns less than the LEL. This is a change from now, where
employers do not have to maintain a P11 if someone earns, for example, £20 a month.
Reporting details of employees earning below LEL is required to:
Where an employee earns less than the LEL and the income is not required to be reported under PAYE, the individual will be expected to inform DWP of their earnings. As part of Universal Credit, DWP will have alternative processes to collect information about income that is not reported through RTI.
Q: How will the system cope with an employee who resigns and is rehired in the same
month with two corresponding payslips (two separate contracts)?
A: The system will
count the two employments as separate by operating on the information submitted by
the employer. The last payment from the first employment should have a date of leaving.
The first payment from the new employment should include the starting information
including start date and should not take into account pay and tax information from
the previous contract when calculating the year to date figures. If the employer
is using payroll ids they must ensure the second contract is set up using a different
payroll id.
Q: I have claimed 'CIS deductions suffered' on my EPS: can I have a refund of any
excess?
A: Yes you can have a refund at the year end, and if there are no outstanding
debts.
Q: Date of leaving: What date should be entered on the FPS?
A: The date to enter is
the date the employment ended. The exact date of this is for the employer to decide.
What will not change using RTI?
Q: What will not change using RTI?
A: The following will remain unchanged:
Q: Will RTI change the Construction Industry Scheme (CIS) payment and reporting process?
A:
RTI is not changing the existing CIS process. Employers will continue to complete
and file monthly returns due under the existing CIS arrangements.
Q: Will RTI be able to handle Tax Free Pay?
A: Yes
Security and the integrity of the systems used
Q: Can the Government Gateway handle the number of RTI returns that will be made?
A:
Yes, HMRC is confident that the Gateway can accommodate RTI volumes.
Q: How will HMRC know the data is correct?
A: HMRC will work with employers to help
improve data accuracy -
HMRC will also be undertaking a series of compliance checks after the employer has sent the data.
Q: What happens if software developers don't adjust their products to support RTI?
A:
We are working with software developers to ensure that their products are updated
to support RTI.
Q: Who will be testing the software?
A: HMRC is providing test services to allow payroll
providers to test their products. We are also introducing a new recognition process.
Software that meets our recognition standard will be listed on HMRC's web page.
Employee information
Q: How do I deal with the fact that a lot of software does not allow you to proceed
without a National Insurance number?
A: New RTI-
Q: If HMRC plan to monitor for each PAYE reference, will employers or pension providers
who continue submitting this type of temporary, blank or incorrect National Insurance
number data, for reasons beyond their control, be penalised? Will there be some sort
of initial appeal mechanism such as reasonable excuse?
A: HMRC would prefer employers
and pension providers have processes in place to ensure they can obtain correct personal
details including the National Insurance number. It is not anticipated that HMRC
will impose penalties for missing or incorrect National Insurance numbers.
Q: Is a default date of birth, (01.01.1901), in such scenarios is still acceptable?
A:
You should not use a default date of birth. You should make every effort to obtain
the correct date of birth for the individual, especially for new pensions coming
into payment. Where, despite these efforts, it's not been possible to obtain the
correct details, please continue to use the date of birth currently held on the payroll.
Q: What guarantees can HMRC provide about the accuracy of National Insurance number
information that they will send to providers?
A: HMRC will attempt to validate National
Insurance numbers provided by checking with the DWP. In cases where there is a discrepancy,
or where the employer has not provided a National Insurance number, HMRC will inform
the employer.
If the annuitant queries the National Insurance number provided by HMRC, the annuitant should contact HMRC to resolve the query.
The more accurate and comprehensive employee data the employer gathers and maintains, the more likely it is that the National Insurance number provided will be correct.
Q: Whilst employers and pension providers may request sight of a passport occasionally
to verify age, the actual passport number is not recorded on our system and to do
so would mean a costly rebuild. Do I now always need to request this number?
A: The
passport number will only have to be provided if the employer or pension provider
collect it as part of their checks that the employee or pension recipient is entitled
to work in the UK or receive a UK based pension. HMRC is not asking employers to
make large, expensive changes to their business processes to allow them to report
this information.
Q: Making submission of certain data items mandatory could result in employers and
pension providers having to implement costly alterations to their new business acquisition
processes, application forms, training, etc. Is there any information on what data
is mandatory and which is optional?
A: HMRC has published the list of the data items
on its internet site, indicating which are mandatory and optional.
Q: Why is it important to check the details I hold about my employees are accurate?
A:
It has always been important to make sure the information that you send HMRC about
your employees is accurate to help ensure that your employees pay the correct Income
Tax and NICs. Improving the accuracy of the information you hold and send to HMRC
will help match the information to the correct HMRC record. This could save you money
by helping to reduce the number of employee enquiries you receive.
This is not just important for tax and NICs. From October 2013, RTI will support Universal Credit by providing the DWP with up to date information about claimants' employment income. Ensuring your employee information is correct will help to ensure they receive the right amount of credit.
As part of the process for an employer joining RTI, HMRC will align the records of employees held on the NPS system and the records held by employers. HMRC will publish more information about the 'employer alignment' process soon.
In the meantime HMRC recommends that you start to prepare for RTI by checking the information you hold.
RTI and individual employees
Q: How does RTI affect me as an individual?
A: Generally, you probably won't see much
if any difference in your working day. However, using RTI, employers and pension
providers will need to ensure that their employee records are up to date. They will
also send information to HMRC when or before they pay their employees. This better
quality, more up-
HMRC will also have the RTI needed to support the introduction of the DWP's Universal Credit in October 2013. Universal Credit will need up to date information about employment and pension income from RTI so that the DWP can adjust claimants' welfare payments to reflect their circumstances.
Q: How does RTI support the payment of Universal Credit?
A: RTI will support Universal
Credit when it is introduced by providing DWP with up to date information about claimants'
employment income.
Q: If RTI supports Universal Credit I am concerned that it will affect the benefits
I receive
A: Changes to means-
Q: Will my employer have access to information about the Tax Credits I get?
A: No.
Your employer cannot tell that you are getting Tax Credits.
Q: What happens if I leave my job?
A: Using RTI employers will still give leaving
employees a form P45 showing their pay and the tax deducted.
Q: What happens if I start a new job?
A: Using RTI you still need to give your new
employer the form P45 given to you by your previous employer so they can operate
the correct tax code. You will also need to answer some new starter questions. Getting
this information right is good for everyone and will help make sure the right amount
of tax is paid, and get credit for the NICs you pay.
Q: What happens if I don't have a P45?
A: This has not changed. Your employer will
ask you some new starter questions similar to completing a form P46 so they are able
to operate the correct tax code. As stated earlier, it's really important to provide
the right information for these questions.
Q: What additional information do I need to give to my employer?
A: Using RTI there
is little change to the information you give to your employer. To help get your tax
right and make sure you get credit for the NICs that you pay, you should provide:
Your employer will need to verify this information from an official source, such as your birth certificate, passport, driving licence or official documents from HMRC or the DWP.
Q: Does RTI mean that I won't need to tell HMRC about changes to my circumstances
such as if I change my title, name or address?
A: No. It remains your responsibility
to notify HMRC of any change in your circumstances
You still need to tell us about these changes, even if you've also told your employer, because when your employer updates their records, these updates won't automatically be passed to HMRC for data security reasons.
Q: Will I still receive a form P60 using RTI?
A: Yes. Employers will still provide
you with a form P60 at the end of each tax year.
Q: How will RTI affect the tax I pay?
A: There is no change to the way PAYE is operated.
However, using RTI, HMRC will receive more up to date information about your pay
and tax. Over time we will start to use this information to help adjust more people's
tax and NICs so they pay the right amount in-
Q: I get Tax Credits: how will it affect them?
A: RTI will be used to help us pay
you the right money at the right time and to renew claims. We will use RTI for renewals
from April 2014 but you still need to report earnings/income changes to us.
Universal Credit will replace tax credits between 2013 and 2017. Universal Credit will be administered by the DWP and RTI will be used as part of that system. More information can be found on the DWP website.
Q: I get Child Benefit: will RTI affect it?
A: Child Benefit will not be affected.
Q: What happens if I lose my job and need to claim Jobseeker's Allowance?
A: This
will not change until the introduction of Universal Credit by the DWP in 2013. You
can find more on their website.
__________________________________________
HOT ISSUE: REAL TIME INFORMATION
Status: “Live”. (Keep checking
here for the latest commentary)