• Home
  • Business taxes
  • Personal taxes
  • Capital taxes
  • International
  • VAT
  • Tax admin
  • Resources
  • Books
  • About
  • Contact
Claritax News
  • Home
  • Business taxes
  • Personal taxes
  • Capital taxes
  • International
  • VAT
  • Tax admin
  • Resources
  • Books
  • About
  • Contact
  • Business taxes
  • Personal taxes
  • Capital taxes
  • International
  • VAT
  • Tax admin
Claritax News

Employment income – negative taxable earnings – expanded HMRC guidance

10 Jan 2023

HMRC have expanded their coverage of this topic in the Employment Income Manual at EIM 00805 (addressing the provisions of ITEPA 2003, s. 11(3)).

Referring to the Upper Tribunal case of HMRC v Martin [2014] UKUT 429 (TCC), the commentary now includes the following paragraph on PAYE and NICs:

“The Martin case also established that when a payment or bonus is ‘clawed back’ and a payment of negative earnings is made from employee to employer, this does not change the position of NICs or PAYE deductions for the original payment. No relief or repayment of NICs is possible. In these circumstances it is not necessary for the employer to make any changes to their RTI submissions. Taxpayers should contact HMRC directly to claim any tax relief due in the year the payment of negative earnings was made.”

https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim00805

Related content from Claritax Books

Income Tax is a substantial single-volume guide, now in digital format, to all the income tax issues commonly faced by most accountants and tax practitioners.

Income Tax

Latest articles (all topics)

  • Income tax self-assessment – HMRC encourage taxpayers to avoid stress by making an early start on their returns
  • The Social Security (Further Methods of Recovery) Regulations 2026
  • How to get authorised to act as a tax agent on behalf of your clients – HMRC update guidance
  • Compliance checks: prohibition of promotion of certain tax avoidance schemes – HMRC publish factsheet CC/FS91
Read more

Weekly email alerts

Sign up here for this free service.

wide banner

Recent Posts

  • Income tax self-assessment – HMRC encourage taxpayers to avoid stress by making an early start on their returns
  • The Social Security (Further Methods of Recovery) Regulations 2026
  • How to get authorised to act as a tax agent on behalf of your clients – HMRC update guidance
  • Compliance checks: prohibition of promotion of certain tax avoidance schemes – HMRC publish factsheet CC/FS91
  • R&D tax credits – HMRC publish official statistics

Recent Comments

No comments to show.

©2026 All Rights Reserved

Terms & Conditions | Privacy

Copy