Student Tax Exemption form - help please

dex91

Hi all,

Ok, from the title you can probably guess that I'm a student. I work in a call centre (started two weeks ago) and it looks as if I'll be there over the summer.

I've been there long enough to see that their management is incompetent and do not put employees first. Basically, I dont want to go through the hassle of claiming tax back, I've had problems with it in the past. I know from other workers there that you get taxed as the management don't fill in a P38s Student tax exemption form for you (they did in my last job).

My question is... if I fill out the P38s form (I've seen it, its one page) and hand it to management, will they have an obligation to fill their part of it out and send it to HMRC? If they do, how long will it take to come into effect as we're paid on the last working day of each month (not been paid for June yet, so we'll be paid on the last day of July)? And... do they have the right to say no to me, if they did, I'd get the other students there to fill out a form too.

Gertie_Walker

Employers are not obliged to use form P38(s), it's optional. Their payroll may be set up in such a way that it could not cope with tax exemptions for certain employees. They are certainly within their rights to not use this system.

dmg24

Do you not intend to work for the rest of the tax year?

Newbiesw

dex91 wrote: »

Hi all,

Ok, from the title you can probably guess that I'm a student. I work in a call centre (started two weeks ago) and it looks as if I'll be there over the summer.

I've been there long enough to see that their management is incompetent and do not put employees first. Basically, I dont want to go through the hassle of claiming tax back, I've had problems with it in the past. I know from other workers there that you get taxed as the management don't fill in a P38s Student tax exemption form for you (they did in my last job).

My question is... if I fill out the P38s form (I've seen it, its one page) and hand it to management, will they have an obligation to fill their part of it out and send it to HMRC? If they do, how long will it take to come into effect as we're paid on the last working day of each month (not been paid for June yet, so we'll be paid on the last day of July)? And... do they have the right to say no to me, if they did, I'd get the other students there to fill out a form too.

Hello dex91,

As this is a Declaration to the Inland Revenue your Employer should NOT be assuming your status and automatically completing it on your behalf in case your status changes.
If your employer accepts P38s, you should complete it each new tax year and its effects should be immediate.
We refused to accept them after a time as they were being abused......(quite often actually!)

Newbiesw

dex91

Thanks for the responses, so I should just ask if the manager if they accept them, and if they do, I'll just whip it out of my back pocket and hand it to him?

Newbiesw

dex91 wrote: »

Thanks for the responses, so I should just ask if the manager if they accept them, and if they do, I'll just whip it out of my back pocket and hand it to him?

In a word......YES !

Newbiesw

Savvy_Sue

However, you were working in June, and I'm guessing that was during term-time.

The 38S is for students who are ONLY working during vacations, and do not expect to exceed the personal allowance. So while you might meet the latter condition, are you going to meet the former?

Did you give your employer a P46? That might have the same effect. And if more of you do it, it should actually help their payroll dept.

wabuthu

hey there, i don't know if i'm allowed to post a link here but i was in your case afew years back when i just started working and was put in the wrong tax code when i was a student. the link is: http://www.studenttaxservices.org.uk/

it was free and had lots of step by step information on what to do if you've paid more tax than you should. it had sample forms and sample letters for filling in your details and sending off directly to HMRC with full instructions.

i read through their website thoroughly and was able to send the relevant forms/letters to HMRC and got back my tax and got put in the correct tax code....and the info was all completely free. hope it helps.

dex91

Savvy_Sue wrote: »

However, you were working in June, and I'm guessing that was during term-time.

The 38S is for students who are ONLY working during vacations, and do not expect to exceed the personal allowance. So while you might meet the latter condition, are you going to meet the former?

Did you give your employer a P46? That might have the same effect. And if more of you do it, it should actually help their payroll dept.

I started working at the end of june which was 2 months after my course finished for the year so that wasn't during term time.

At the moment, I only intend to work during the summer, however, that may change. What effect would having the P38(s) form filled out and completed have on me working during term time?

My employer is disorganised, they have not even taken my bank details so I can get paid, let alone my P45 (I don't have a P46 as I worked last year and have a P45).

wabuthu wrote: »

hey there, i don't know if i'm allowed to post a link here but i was in your case afew years back when i just started working and was put in the wrong tax code when i was a student. the link is: http://www.studenttaxservices.org.uk/

it was free and had lots of step by step information on what to do if you've paid more tax than you should. it had sample forms and sample letters for filling in your details and sending off directly to HMRC with full instructions.

i read through their website thoroughly and was able to send the relevant forms/letters to HMRC and got back my tax and got put in the correct tax code....and the info was all completely free. hope it helps.

Thanks for that, just had a look at the site just now and it looks very helpful

Savvy_Sue

If your P45 is dated before 5th April 2010, you need to complete a P46 anyway.

If you carry on working for the same employer once term starts again I'm not sure what effect a P38 would have, however, the P46 should do a better job and be more familiar.

I'd recommend being a bit proactive, don't wait for them to ASK for your bank details, find out who needs them and provide them. Ditto the P46, just give it in. You don't know which part of the organisation is not efficient, it may be that whoever does payroll wishes managers would get their act together, and submit the necessary details in good time. I'm responsible for passing details of new staff onto our payroll provider, but I have to get those details from managers. I do my best to be on top of the situation, because if I left it to them to pass the details on it could take a while ...

Newbiesw

This is exactly why we withdrew the P38s, too much hassle for something that should be relatively simple.
Not suggesting you are doing this for a moment dex91.....:eek: ........but.......
some were so desperate to use the P38s and not pay tax that you would end up having to police them and check up on their stories.
"Oh, I have personal extended termtime"
"Oh, I decided not to return to Uni and that's why I'm still here and have earned £20,000"
"Oh, I thought they applied to part-time, evening classes as well"
...............zzzzzzzz!

Newbiesw