A right mess

Dumpy_2

Hi. We are trying to claim working tax credit but it is a nightmare! My husbands ex boss is in prison for fraud and his son took over the business until he had enough so his dads girlfriend took over. We've got no wage slips, no P60 or anything else for 2012-2013 but the son has signed letters, no letter heading or company stamp, with what was earned. I think we dont stand a chance!:mad:

The owner has just been released with a tag and cant sign anything but wont help. In fact he is now saying that he will say that my husband was self employed which is untrue as he was told when to work what days to work etc

Help!:(

nannytone_2

seeing as it is HMRC and not the employer that sends the P50, it would seem that tax and national insurance contributions havent been made.
does you husband have a contract? ( a legal requirement)
the fact that your husband is told what days/hours to work wouldnt mean that he isnt self employed.
you need to get some legal advice on what is going on

Jobseeeker

if they didn't give any pay slips were they actually paying the income tax?

Dumpy_2

Jobseeeker wrote: »

if they didn't give any pay slips were they actually paying the income tax?

my husband didn't earn enough for tax and ni but we still should have had payslips p60. We have nothing other than the son's letters to say how much my husband earned.

Horseunderwater

Did it get paid into a bank account or was it cash? If into bank account it should show up on a statement and you can use that as proof. If not - I cannot think of a way to solve this one.

princessdon

Dumpy wrote: »

Hi. We are trying to claim working tax credit but it is a nightmare! My husbands ex boss is in prison for fraud and his son took over the business until he had enough so his dads girlfriend took over. We've got no wage slips, no P60 or anything else for 2012-2013 but the son has signed letters, no letter heading or company stamp, with what was earned. I think we dont stand a chance!:mad:

The owner has just been released with a tag and cant sign anything but wont help. In fact he is now saying that he will say that my husband was self employed which is untrue as he was told when to work what days to work etc

Help!:(

Do you work? Do you have children?

If he never paid NI then that assumes low working hours that could mean no WTC anyway.

Horseunderwater

Paying no tax or NI would not prevent WTC being paid - the only thing that might stop it is hours worked/ week. Which this year for a couple has to be 24 hours min with one of the couple doing 16 hours if both work. The 1st threshold for WTC is £6420, which would mean 100% WTC and the next rate for a couple (cut off limit) is approx £17.5k ish. Between those 2 amounts is a 41% withdrawal rate that tapers the WTC down based on income.

oldboy64

Dumpy wrote: »

Hi. We are trying to claim working tax credit but it is a nightmare! My husbands ex boss is in prison for fraud and his son took over the business until he had enough so his dads girlfriend took over. We've got no wage slips, no P60 or anything else for 2012-2013 but the son has signed letters, no letter heading or company stamp, with what was earned. I think we dont stand a chance!:mad:

The owner has just been released with a tag and cant sign anything but wont help. In fact he is now saying that he will say that my husband was self employed which is untrue as he was told when to work what days to work etc

Help!:(

Quite a slippery character!
I have seen many of these and without 'concrete' proof that your husband was an employee it is their word against yours. Many if not most get away with this leaving the employee not only to pay the tax if any is due but also NIC's.

Should always make sure that you get a signed contract of employment.

Came across something similar once. The employee did a rather naughty thing and had bogus payslips prepared showing tax and NIC deducted. As the employer couldn't prove either way that they were bogus and the employee swearing blind that they were genuine, he managed to get the tax credited (out of which he got a very large repayment) and had over £38,000 of NIC's credited to his account.

The 'employer' was made to pay over the tax & NIC (ahem deducted!)

I would never suggest that anybody tries this as it is totally illegal but it worked!

Good luck, you'll need it!