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Commentary

E4.1103 PAYE—definitions

Personal and employment tax

A comprehensive list of definitions can be found in the Income Tax (Pay As You Earn) Regulations, SI 2003/2682, reg 2.

An 'employment' means an employment under a contract of service, a contract of apprenticeship or in the service of the Crown. In general the terms 'employer' and 'employee' have corresponding meanings1. HMRC have published guidance to help determine whether a worker is employed or self-employed. This includes guidance on their website2 and also a Check Employment Status of Tax' (CEST) indicator tool, which can be used to check the status of an individual3 (see E4.206).

For PAYE purposes the definition of 'employer' is extended to include (with specified exceptions):

  1. Ìý

    •ÌýÌýÌýÌý agencies supplying workers4

  2. Ìý

    •ÌýÌýÌýÌý payers of pensions5

  3. Ìý

    •ÌýÌýÌýÌý other payers of relevant payments6

However, 'other payer' does not include a person who provides complete

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