What can I do if my previous employer hasn't paid my tax?

lpk2116

I tried to claim a tax rebate but was informed by HMRC that my previous employer did not pay my tax. I have managed to find a handful of payslips which show he deducted it from my wages. Is this enough to prove I paid it? What should I do now? Any help much appreciated.

HappyMJ

lpk2116 wrote: »

I tried to claim a tax rebate but was informed by HMRC that my previous employer did not pay my tax. I have managed to find a handful of payslips which show he deducted it from my wages. Is this enough to prove I paid it? What should I do now? Any help much appreciated.

Did you get a P45?

lpk2116

No. He didn't give me a P45 or a P60. It was an agency and then I moved over to a permanent contract with the company so never thought anything of it. I have contacted him several time request one but to no avail.

xylophone

http://taxaid.org.uk/guides/taxpayers/tax-for-employees/problems-with-employers

Report in writing to HMRC with copies of the payslips showing tax deducted.

lpk2116

Can I still claim a refund from HMRC? How long does it usually take to resolve these problems?

TBagpuss

HMRC can take steps to recover the tax from your employer - but it sounds as though if it wasn't paid, but it now turns out you don't owe it anyway
In those circumstnaces it may be that HMRC will say that they won't do anything as have not lost out. I presume that if that happened you would be able to pursue your employer for the short fall. It might be worth you trying to speak to the tax office to clarify what they will accept as evidence and what they will do (if anything)
I believe that they have the power to treat you as having paid the tax, and to pursue the employer, where they are satisfied that the issues is that of the employers failure to pay, but whether this extends to giving you a rebate I am not sure.

Were you employed by the agency or by the employer direct?

glentoran99

Why do you think you are due a rebate?

dori2o

Do you have all the payslips? It may be that prior to the end of the the employment the agency received a notice of tax code change from HMRC and issued the refund based on this new code.

What HMRC are saying is that from the information on their system (RTI/P45) at the end of your employment with them/at the end of the tax year, you had paid no tax with this employer, not that they had deducted it and not paid it to HMRC thats not the issue here, but that the information says that you had 'X' income/pay/salary from them and the tax paid is showing £0.00.

First of al check through every payslip assuming you have them and see if you can identify a point where your tax code changed, or a point where you received a net pay which is higher than the gross pay. This would identify a tax refund.

If you don't have all the payslips HMRC may be able to tell you in which pay period the employer refunded you (assuming this is what happened) by looking at the weekly/monthly payslips from the RTI data.

If it's clear that you have paid tax and the P45/P60/P14 data shows differently then HMRC will contact the employer and ask them to explain the anomoly.

PennyForThem_2

I cannot advise on your tax problem but if your employer has been fraudulent over tax then what about any national insurance payments?


I would also check with DWP as a shortfall may have consequences for you in the future.

p00hsticks

PennyForThem wrote: »

I cannot advise on your tax problem but if your employer has been fraudulent over tax then what about any national insurance payments?


I would also check with DWP as a shortfall may have consequences for you in the future.

It's actually HMRC rather than DWP who maintain peoples NI records, but I agree it would be sensible for the OP to check - one easy way is via the link here...

https://www.gov.uk/check-national-insurance-record