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Ex working but hmrc have no info

Hi, not sure if this is in the right part.
My ex has tried for years to avoid paying maintenance. It's now with Cms. I've had 1 payment from him this year and it's now been referred to the enforcement team.
Anyway my main reason for this thread is because in may his employers told Cms that he left and gave new employers details. Turns out he wasn't working at this new place and was still with his old employers. I know as he works with my stepbrother. The Cms had to go down the route of finding his employment details from hmrc. Nothing came back, so he can't be paying tax.
My stepbrother said he's not officially on the books but he gets paid into his bank account so it's not cash in hand.
When he first started there he was paying tax as hmrc had his details but now nothing.
Is there anything I can do?
How can he no be paying tax when he was before but still with the same company.
Sorry for the long post, im just so angry and confused.

Comments

  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    You dont know if hes paying no tax. I doubt your step brother knwo things properly unless hes the HR/payroll in which he case hes not playing cricket by giving out someones info.

    easiest answer to your question is that hes now become self employed and works for that company on a regular basis. Saves the company money (holiday pay, pensions, workers rights). And is a perfectly legal solution to the scenarios you list. He wouldnt be on the books, he wouldnt pay tax through the employer and would fill in a tax return at the end of the year. Unless you can be certain of the exact circumstance it wont do you well to speculate.

    I dont know much about child maintenance so cant offer anything that side, sorry.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    spadoosh wrote: »
    You dont know if hes paying no tax. I doubt your step brother knwo things properly unless hes the HR/payroll in which he case hes not playing cricket by giving out someones info.

    easiest answer to your question is that hes now become self employed and works for that company on a regular basis. Saves the company money (holiday pay, pensions, workers rights). And is a perfectly legal solution to the scenarios you list. He wouldnt be on the books, he wouldnt pay tax through the employer and would fill in a tax return at the end of the year. Unless you can be certain of the exact circumstance it wont do you well to speculate.

    I dont know much about child maintenance so cant offer anything that side, sorry.


    I agree that we don't know any details. But there is nothing here to say that this is being done lawfully. In the scenario the OP lists, I would actually say that it is more than likely that it isn't! The company might be saving money - but that does not mean that they are not employing him and unlawfully avoiding these costs.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    sangie595 wrote: »
    I agree that we don't know any details. But there is nothing here to say that this is being done lawfully. In the scenario the OP lists, I would actually say that it is more than likely that it isn't! The company might be saving money - but that does not mean that they are not employing him and unlawfully avoiding these costs.

    Just answering the OP's question in how it could have changed. Dont have near enough information to speculate, just pointing out there is perfectly legal options available that could explain this.

    Like you say theres a good chance its dodgy, i cant work out what the employee would get out of going self employed apart from an easier way to avoid tax. Or unless they actually fit the description of self employed. But... im speculating.
  • I don't know much, just what Cms have told me and my stepbrother. My stepbrother is very good friends with my ex. He's only stopped paying tax within the past 4 months.
    Thank you for your replies.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    spadoosh wrote: »
    Just answering the OP's question in how it could have changed. Dont have near enough information to speculate, just pointing out there is perfectly legal options available that could explain this.

    Like you say theres a good chance its dodgy, i cant work out what the employee would get out of going self employed apart from an easier way to avoid tax. Or unless they actually fit the description of self employed. But... im speculating.


    He gets to claim either that he isn't working or that he isn't earning as much as he is - to avoid or reduce maintenance.
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