Section 985F PAYE: mobile workforce
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Amendments
Section 985F inserted by Finance Act 2006 section 16 from 31 March 2006.
(1) This section applies where it appears to the Revenue Commissioners that―
(a) a person (in this section referred to as the "relevant person") has entered into or is likely to enter into an agreement that employees of another person (in this section referred to as the "contractor") shall in any period work for, but not as employees of, the relevant person,
(b) payments of emoluments of the employees in respect of work done in that period are likely to be made by or on behalf of the contractor, and
(c) this Chapter and regulations made under this Chapter would apply on the making of such payments but it is likely that income tax will not be deducted or accounted for in accordance with this Chapter and such regulations.
(2) Where this section applies, the Revenue Commissioners may give a direction that if―
(a) any employees of the contractor work in any period for, but not as employees of, the relevant person, and
(b) any payment is made by the relevant person in respect of work done by the employees in that period,
income tax shall be deducted in accordance with this section by the relevant person on making that payment.
(3) A direction under subsection (2)―
(a) shall specify the relevant person and the contractor to whom it relates,
(b) shall be given by notice to the relevant person, and
(c) may at any time be withdrawn by notice to the relevant person.
What must be specified in a direction that PAYE be deducted in the case of a mobile workforce?
(3) The direction must specify the relevant person and the contractor to whom it relates. It must be notified to the relevant person and it may be withdrawn at any time by written notice to the relevant person.
(4) The Revenue Commissioners shall take such steps as are reasonably practicable to ensure that the contractor is supplied with a copy of any notice given under subsection (3) which relates to the contractor.
(5) Where―
(a) a direction under subsection (2) has effect, and
(b) any employees of the contractor specified in the direction work for, but not as employees of, the relevant person so specified,
income tax shall, subject to and in accordance with this Chapter and regulations made under this Chapter, be deducted by the relevant person on making any payment in respect of that work as if so much of the payment as is attributable to work done by each employee were a payment of emoluments of that employee.
