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HMRC internal manual

PAYE Settlement Agreements

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HM Revenue & Customs
Updated
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Regulation 110 Determinations

Making a Regulation 110 Determination

PSA4020 explains the circumstances when you must raise a Regulation 110determination for an employer. Once you are satisfied that a determination is required youmust

  • create a charge through SAFE

    • advise the SAFE nominee of details of the Regulation 110 charge using this form and to provide a payslip using ‘Print Payslip’
    • on receipt of the screen-print and payslip, you must check it to ensure that the charge has been correctly raised. If incorrect, assist the SAFE nominee to correct the charge
  • complete the P640, this form is in 4 parts

    • issuing office copy – this copy must filed in employer reference order in the P643 folder. A separate P643 must be prepared for each year
    • file copy – put away in the employer’s file
    • employer’s copy – date stamp the form and send this to the employer, enclosing the payslip (generated from SAFE facility Print Payslip) and an A & PS Freepost envelope
    • agent’s copy – send this to the agent.
  • follow the guidance in PSA6060 to update ECS

Note. Address determinations by the full title of the employer. You may useshortened forms of words such as Co and Ltd, but do not address any determinations for alimited company to an individual within the company.

Liquidations

In liquidation cases forms P640 must be addressed to the Liquidator and sent to theiraddress if known, this should incur least delay. Alternatively, you can send it to theemployer’s business address or registered office.