Employers P11d mistake

wjoyce

Hi,

In August, I received a tax rebate of £1500 for the 2010/11 tax year. In December I received a P800 from HMRC stating that they had recalculated and I was in arrears for the same tax year. I now owed over £1500.

I contacted HMRC and it transpired that my employer had initially submitted an incorrect P11d which resulted in the rebate. They then realised their error and submitted a correction which resulted in the recalculation. I'm not clear on the dates of these submissions.

I feel very annoyed as details of this mistake were never communicated to me by my employer, which I feel they had a responsibility to do, and their negligence has now resulted in me having to find £1500 pounds over the next 12 months (or up to 3 years if I choose to spread it further) to repay HMRC.

I haven't yet tackled my employer regarding this issue, and I'm aware of my mistake in not querying the rebate, but I feel that they should bear some of the costs of this. I am taking advice via my union, but thought I'd gauge opinion elsewhere while I await a response.

Any advice would be greatly appreciated.

pjclar02

wjoyce wrote: »

I haven't yet tackled my employer regarding this issue, and I'm aware of my mistake in not querying the rebate, but I feel that they should bear some of the costs of this.

Hello there

I think herein lies your problem - there is no "cost to this". You were repaid £1,500 in error by HMRC and they are now asking for the £1,500 back. There is no cost to you for which you can seek recompense from any other party.

Unfortunately the onus is on you to have ensured that the amount repaid to you was calculated correctly - and if I were in your shoes I would have held on to the £1,500 until I had verified that it was not paid to me in error.

Sorry - this probably isn't the answer you were looking for!!

Mikeyorks

wjoyce wrote: »

Any advice would be greatly appreciated.

You didn't check the original P8oo - in August - despite the repayment would be unexpected? Nor the erroneous P11D which your employer would have given you?

Unfortunate error by your employer - but significant contributory negligence from yourself?

wjoyce

Absolutely, and I'm not denying that I'm at fault partially - you live and learn. I received the rebate at the same time as many co-workers and was informed by my manager at the time that my employer had made mistakes with PAYE for many people, so received it in good faith. I should have studied the paperwork supplied with my rebate more carefully and taken advice.

My problem is that the information I provided to my employer was correct, as was the copy of the P11d they provided me and I feel they should be brought to account for their negligence. All they had to do was inform me.

Thanks for the replies folks.

jamesd

Best to view it as a cheap or free loan from HMRC.