Employer question

Mudd14

Leave? Does she really want a long term career with these sort of people?

She can complain to the NMW office regarding NMW and also inform HMRC of their dealings.

Gilbert2

Could you please detail the nature of the job to confirm whether your friend could be classed as self employed?

This could answer a lot in a situation such as this.

Also, your friend's tax affairs are always ultimately their own responsibility.

zzzLazyDaisy

Gilbert2 wrote: »

your friend's tax affairs are always ultimately their own responsibility.

The above advice is incorrect. If the employer fails to take reasonable care to operate PAYE and the error was not made in ‘good faith’, then the liability for the unpaid tax passes to the employer.

Gilbert2

zzzLazyDaisy wrote: »

The above advice is incorrect. If the employer fails to take reasonable care to operate PAYE and the error was not made in ‘good faith’, then the liability for the unpaid tax passes to the employer.

Oh God, looks like I have a limpet on my person!

Why don't you accurately read what was posted by me in the first place?

I have raised the point that the OP's friend could well be self employed, could even have been duped into this situation.

I have asked for clarity rather than make assumptions.

If they are self employed then they are responsible for their own tax affairs.

Which is clearly what I stated and is accurate.

In any case, I didn't even refer to an alleged underpayment of tax for several reasons, not least there may not even be one.

There is absolutely no evidence whatsoever that the employer is liable for any tax discrepancy with the information that has been provided.

Until, if ever, an employer is found liable then, again, an individuals tax affairs are always their responsibility.

You clearly like to jump the gun don't you?

Please God don't tell us you were also a judge as well as a lawyer!:eek:

Gilbert2

zzzLazyDaisy wrote: »

The above advice is incorrect. If the employer fails to take reasonable care to operate PAYE and the error was not made in ‘good faith’, then the liability for the unpaid tax passes to the employer.

OP, don't listen to that ^^^^^ for God's sakes. They're on about a liability passing to someone else when it may well not be the case.

Don't think your friend can simply rely on an employer to sort out your friend's tax affairs because, if they 'have acted in good faith,' and it is just a genuine mistake, or something else, then your friend will end up with a tax bill that will get bigger and bigger.

It is down to your friend to contact, or keep in contact, with HMRC to resolve this issue. And the sooner the better.

saintjammyswine

Gilbert2, it was your use of the word "always" that zzzLazyDaisy was correcting, not the rest of the post.

Gilbert2

saintjammyswine wrote: »

Gilbert2, it was your use of the word "always" that zzzLazyDaisy was correcting, not the rest of the post.

Thanks jammy, although I'm sure member lazythedaisy can answer for themself to confirm your assertion.

However, an individual is always responsible for their own tax affairs, whether employed or self employed or any other status where one may need to pay tax.

Member lazythedaisy is referring to a tax liability that may, or may not be, someone else's liability, which is another matter.

One's whole tax affairs are not limited to how much may or may not be due.

One cannot even transfer all of one's income tax responsibilites onto an accountant, even if you never see a tax form in your whole life.

One's tax affairs include more than just a liability, indeed, there may not even be a liability but one is still responsible for other tax issues, such as checking one's tax code, filing a tax return if need be etc.

Importantly, I would point out that, due to the limited info posted by the OP, it is an impossibility to conclude that there is even an employer liability.

Suspected? Maybe.
Proved? Absolutely not.

Therefore, as the situation stands, the OP's friend is responsible for their own tax affairs and, importantly, will always be as income tax isn't just concerned about a monetary liability.