Section 61S — Income Tax (Earnings and Pensions) Act 2003: Deductions from chain payments

Deductions from chain payments 61S 1 This section applies if, as a result of section 61R, a person who is treated as making a deemed direct payment is required under PAYE Regulations to pay an amount to the Commissioners for Her Majesty's Revenue and Customs (“ the Commissioners ”) in respect of the payment. (But see subsection (4)).

2 The person may deduct from the underlying chain payment an amount which is equal to the amount payable to the Commissioners, but where the amount or value of the underlying chain payment is treated by section 61Q(4) as increased by the cost of any amount due under PAYE Regulations, the amount that may be deducted is limited to the difference (if any) between the amount payable to the Commissioners and the amount of that increase.

3 Where a person in the chain other than the intermediary receives a chain payment from which an amount has been deducted in reliance on subsection (2) or this subsection, that person may deduct the same amount from the chain payment made by them.

4 This section does not apply in a case to which 61V(2) applies ( relevant person treated as making deemed direct payment).

5 In subsection (2) “ the underlying chain payment ” means the chain payment whose amount is used at Step 1 of section 61Q(1) as the starting point for calculating the amount of the deemed direct payment.