Lost P60's (Statement of Earnings request from employer)

NurseMoneySaver1122

Hi

I would like to look back on the last 6 years income tax in order to check over/under payment. However, I've misplaced my P60's so I requested a 'Statement of Earnings' for the last six years (2005/06 - 2010-2011) from my employers during this time, and they have provided a Statement of Earnings for the last 4 years, stating that the company only goes back that far!?

I have read in various places that they are legally obliged to provide the previous 6 years Statement of Earnings, and refusing is contravening the data protection act, thus breaking the law.

Therefore, are they breaking the law by admitting that they only go back 4 years instead of 6? What should I do now to find out my tax information?

Thanks for any advice in advance! :-)
Claire

taxsaver

Businesses are obliged to retain records for 6 complete tax years, but to the best of my knowledge it's nothing to do with Data Protection.

I cannot imagine that you are dealing with a large employer here (as they would almost certainly have the records), so do you really want a fall-out with your employer over this.

Why don't you write to HMRC and ask them for the information as they will also have it.

NurseMoneySaver1122

Thank you for your reply. I think they are a reasonable large company but they never did quite act like one really. They are no longer my employer; I've had an employer since them. I'm not after falling out with anyone, but I was a full time student during my time working with them and as a result I believe I may be entitled to a tax refund..hense I need this information.

I already contacted HMRC but they do not provide this and actually pointed me in the direction of my old employer. With my old employer stating they only keep past 4 years, it's kind of left me in limbo land :-(

Thanks again for the reply! :-)

suso

actually this shows that payroll information is only required to be kept for 3 full years after the end of the tax year it relates to.

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074450470&type=RESOURCES

jimmo

Based on suso's post, ( and I found confirmation of that on the HMRC website see link below), your employer seems to be within the law.
http://www.hmrc.gov.uk/factsheet/record-keeping.pdf
Almost certainly your only chance is that HMRC has the figures for the 2 missing years.
In my days at HMRC we wouldn't provide a duplicate P60 or "Statement of Earnings" because the employer produces the original, not HMRC.
However if you requested an assessment, nowadays referred to as a Tax Calculation, we had to provide that.
Why don't you just phone HMRC and ask them to check whether you have overpaid for those years?

Philipma

jimmo is correct - ask the HMRC for an assessment or tax calculation for the years missing and they have to provide it.

NurseMoneySaver1122

Thanks for the replies!! I'm a little worried to request a tax calculation at this time, as I'm temporarily out of work, and as much as finding out I've overpaid tax would be lovely, finding out I've underpaid would not! :-(

Guess I'll wait until I'm back in work before I tempt fate

Thanks again!