PAYE21190 - Employer records: maintain employer record: notification of a deceased employer

Notification

You may be notified that an employer or contractor has died. This may be in the form of an entry on the ‘Employer Deceased� work list if Debt Management  (DM) have been notified that a sole trader has died. Alternatively, you may be notified direct if a representative for the deceased person contacts you.

The employer record may continue when the deceased person was

  • A director of a limited company
  • A partner in a business

In the event that the deceased person was a sole trader the employer record is to be ceased.

Office Responsibilities

On receipt of the information that the employer has died the PAYE Employer Office is responsible for the following

  • The cessation of the employer record. Follow action guide emp40012
  • Setting the DECEASED indicator on the employer record. See subject ‘Employer indicatorsâ€� PAYE21075

Notes:

1. When you set the DECEASED Indicator you must enter a ‘Date Notified�, which is the date you where notified that the employer died, and if known the ‘Date of Death�.

2. It is important to update the Employer Name to include ‘Personal Representative of ……�..� after setting the DECEASED indicator

  • Notifying the appropriate Self Assessment section of the change in circumstances
  • Ensuring a correspondence name and address is held on the employer record. See Action Guide Maintain Record ’update employer address and contact detailsâ€� . This could be the name and address of
  • The personal representative
  • The executor or administrator
  • A nominated agent

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Debt Management Office Responsibilities

On receiving notification that an employer (who was a sole trader) has died the Debt Management Office is responsible for the following

  • Issuing and collecting any outstanding forms P35 / SC35 or CIS36
  • Determining the amount of any Tax / NIC unpaid and its collection from the personal representative