yet another underpayment.....advice needed please

Tinytots

Many thanks for the replies.
I was employed by the Prison Service and continued working for them doing the same job at the same location and the same employers with no break in service.
My pension is managed by Capita Hartshead who were notified by the Prison Service of my intention to continue working on a part time basis.

Flower_Power_mark_2

Hi,

So can i just check something, If I'm retired but carry on working for the same company. Whose responsibilty is it to tell the Tax office that I am in receipt of my pension and wages?

Its just I did not know I had to tell the tax man anything as my employer was responsible for this as they were paying me. Is this incorrect?

Mikeyorks

Flower_Power_mark_2 wrote: »

Is this incorrect?

Won't make any difference if it all comes in the same payslip?

It's where the pension is paid as a separate entity (and therefore becomes a different income stream) that the problem arises. You're effectively getting 2 x separate incomes and they need to be taxed (and therefore have sympathetic Code numbers) as an entity. In the latter case - your responsibility.

moneyfoolish

I'm in a similar position re having current employment and also a pension from a previous employment and have received a letter from the revenue .for underpayments for 2008/09 and 2009/10. However, the first year which I took my pension was in 2000/01 and for that tax year I submitted a Self-assessment as I had changed from working for myself to working for my current employer. I declared my pension on my self-assessment. In addition, I have been receiving P60 each year since then for both my current employment and my pension. Do I have a case for claiming that the Revenue had all of the facts to enable them to tax me correctly?

Pennywise

russell_anderson wrote: »

I'm in a similar position re having current employment and also a pension from a previous employment and have received a letter from the revenue .for underpayments for 2008/09 and 2009/10. However, the first year which I took my pension was in 2000/01 and for that tax year I submitted a Self-assessment as I had changed from working for myself to working for my current employer. I declared my pension on my self-assessment. In addition, I have been receiving P60 each year since then for both my current employment and my pension. Do I have a case for claiming that the Revenue had all of the facts to enable them to tax me correctly?

Yes, you have a very strong case - google for ESC A19 and read through it. HMRC clearly have received details of your earnings (over several years) because they'd have been sent P60s by each payer, and have repeatedly failed to act on it. Your case is even stronger because at first, you told HMRC by submitting a SA tax return. The main spanner is when your employment started - did you complete a P46 form and did your employer send it to HMRC - if you have a coding notice issued by HMRC re your new job, it's more evidence that HMRC know your circumstances. I think its well worth you appealing under ESC A19 - just tell them exactly what has happened and lay the blame firmly at the door of HMRC for not acting - don't even try to blame your employer or pension provider - if they've been submitting P60s etc and have used any tax codes sent to them by HMRC, they've doing nothing wrong.

moneyfoolish

Pennywise wrote: »

Yes, you have a very strong case - google for ESC A19 and read through it. HMRC clearly have received details of your earnings (over several years) because they'd have been sent P60s by each payer, and have repeatedly failed to act on it. Your case is even stronger because at first, you told HMRC by submitting a SA tax return. The main spanner is when your employment started - did you complete a P46 form and did your employer send it to HMRC - if you have a coding notice issued by HMRC re your new job, it's more evidence that HMRC know your circumstances. I think its well worth you appealing under ESC A19 - just tell them exactly what has happened and lay the blame firmly at the door of HMRC for not acting - don't even try to blame your employer or pension provider - if they've been submitting P60s etc and have used any tax codes sent to them by HMRC, they've doing nothing wrong.

Thanks for the information. I really can't remember what I gave my current employer back in 2000 but I would guess that I almost certainly gave them a P45 but almost certainly didn't give them a P46 as I'd never even heard of a P46 until I began to read up about the current tax chaos on notice boards like this one! I did, however, complete the SA tax return AFTER I began my current job and received a Tax Calculation back from that return for 2000/01 from the Tax Office of my current employer which included a reference to the pension amount for that year.

Flower_Power_mark_2

Thnaks for the advice and sorry one more thing just to get it clear in my head. My pension is payed by the same employer but come son a sperate payslip. Back in 2007 I was told by the tax office that I no longer needed to complete a self assessment form.

Is it still on me to let them know about the pension? I thought it was upto my employer to do that as they were the ones paying me the pension and wages.

Mikeyorks wrote: »

Won't make any difference if it all comes in the same payslip?

It's where the pension is paid as a separate entity (and therefore becomes a different income stream) that the problem arises. You're effectively getting 2 x separate incomes and they need to be taxed (and therefore have sympathetic Code numbers) as an entity. In the latter case - your responsibility.

jennifernil

Since you are supposed to report significant changes in circumstances, I would think it was your responsibility.

Mikeyorks

Flower_Power_mark_2 wrote: »

I thought it was upto my employer to do that as they were the ones paying me the pension and wages.

As I said earlier - it's academic if the employer is bundling it all together. A separate payslip suggests that isn't the case. So it's your responsibility to advise HMRC and make sure the Code numbers operated are sympathetic to paying the right tax. That becomes doubly important if / as you approach 65 as the age related personal allowance is income dependent.