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Guidance on reclaiming National Insurance contributions paid in error

HMRC have issued guidance to cover the situation where vocational or recreational trainers may be entitled to claim a refund of National Insurance contributions. The refunds are due following a change in guidance on charging national insurance contributions.

HMRC's briefing states:

'Refunds may be made by trainers or instructors, or those who engaged them, and where amounts of NICs were paid in error following HMRC's guidance. This is primarily going to affect those engaged in the provision of vocational or recreational training as set out in HMRC's guidance prior to repeal of the relevant provisions of the Regulations.'

'Refunds are not due where educational training providers applied the Regulations. This is because there is no dispute or doubt that the Regulations prior to 6 April 2012 applied to the providers of educational training. In this context educational training provider means a school, college, university or any such similar educational establishment.'

'Refunds are also not due where any trainer or instructor was engaged under an employment contract and Income Tax (PAYE) and Class 1 NICs were correctly accounted for.'

Please get in touch if you would like any help in this area.

Internet link: HMRC brief



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