keep The Income Tax (Pay As You Earn) (Amendment) Regulations 2023
Amends the Income Tax (Pay As You Earn) Regulations 2003 to add Form P11D (employers' annual return of other earnings/benefits) to the definition of 'specified information', but simultaneously exempts P11D returns from the penalty regime in regulation 210 for failing to deliver specified information. Creates a requirement with no enforcement mechanism.
While the amendment removes penalties for P11D non-compliance (reducing employer compliance costs), the filing requirement itself remains. Removing only the penalty—while keeping the obligation on the statute book—creates uncertainty and inconsistent enforcement. Britons would be worse off if retained without either full enforcement or full repeal, as this half-measure creates a toothless regulation that generates confusion, inconsistent HMRC enforcement, and potential selective prosecution. Either the P11D requirement is necessary for proper tax collection (keep with penalties) or it should be repealed entirely to reduce unnecessary employer burden.