Supporting Guidance: employer compliance: guidance by subject: free of tax payments: FOT system applicable but not used
Where the employer has made ‘net’ Free of Tax (FOT) payments and the FOT system is applicable but has not been operated (COG913010) you should
- explain the obligations of an employer operating a FOT arrangement as outlined at PAYE20035
- arrange for a FOT package to be sent to the employer PAYE20035, or
- alternatively advise employer to apply for a FOT package online via the HMRC Internet site
- explain to the employer how to make the necessary open year adjustment, and
seek recovery for closed years
- using Tax Table G
To determine the NICs due, you should
calculate the true gross pay by adding
- the amount actually paid to the employee, and
- the ‘tax payable’ as computed above
then calculate NIC on the true gross pay.
When computing the total underpayment
- take into account any tax and NIC already paid by the employer.