Company takeover -No tax records before acqisition

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twisterzzz
twisterzzz Posts: 30 Forumite
edited 29 January 2018 at 7:27PM in Employment, jobseeking & training
I used to work for company A and resigned in June 2017. Company A was going through a acquisition by company B which was completed in November 2017 through TUPE.

So when the acquisition completed in Nov 2017, HR responsibilities of company A were transferred to company B however any payroll records prior to November 2017 were not transferred to company B.

I received some taxable benefits in tax year 2016-17 for which I need a P11D form. I have been in communication with company B however they are saying that anything prior to Nov 2017, they would have no records of and they are not responsible to hold any data as per TUPE agreement.

Where do I stand and who would be responsible to provide that information ?

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  • nicechap
    nicechap Posts: 2,852 Forumite
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    https://www.gov.uk/paye-forms-p45-p60-p11d/p11d

    Was tax on P11 benefits taken direct by company A?

    (PS you might get more help if you use please & thank you)
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    If you are completing your self assessment have you actually logged on to your return? I was pulling my hair out last week as my husband had mislaid his P11D and when i went to start his return I found that it had automatically been populated with his employer, P60 and P11D information.
  • twisterzzz
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    nicechap wrote: »
    https://www.gov.uk/paye-forms-p45-p60-p11d/p11d

    Was tax on P11 benefits taken direct by company A?

    (PS you might get more help if you use please & thank you)

    First of all apologies if the original post came out a little ungrateful, I was typing the original post whilst being on hold by HMRC so there must be a unintended reaction of that in there I'm afraid.

    Was tax on P11 benefits taken direct by company A?
    Correct, since I left the company A in June 2017, I have/had no dealings with company B.
  • twisterzzz
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    LilElvis wrote: »
    If you are completing your self assessment have you actually logged on to your return? I was pulling my hair out last week as my husband had mislaid his P11D and when i went to start his return I found that it had automatically been populated with his employer, P60 and P11D information.

    That also happened with my partner's SA tax returns, all the details were pre-populated and just confirmation was required.

    However in my case the information was not pre-populated and I had to insert the figures. One of the reason is that I changed job during the tax year so I had two employments to cover.
  • nicechap
    nicechap Posts: 2,852 Forumite
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    From the link:

    "You might not get a P11D if your employer takes the tax you owe on your benefits out of your pay."

    Do you have a record of what benefits in kind you received? Typically recorded in any pay award or contract terms. (any pay slips would also show more tax taken than the tax code you were on.)
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • twisterzzz
    twisterzzz Posts: 30 Forumite
    edited 29 January 2018 at 6:51PM
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    nicechap wrote: »
    From the link:

    "You might not get a P11D if your employer takes the tax you owe on your benefits out of your pay."

    Do you have a record of what benefits in kind you received? Typically recorded in any pay award or contract terms. (any pay slips would also show more tax taken than the tax code you were on.)

    Thanks nicechap. Its dental insurance and unfortunately I don't have access to the company's intranet or my old company emails so I can't tell if the how the tax was taken for that benefit. Is there a way to work out from the payslip below who paid the tax.

    I stopped that benefit after 31/01/2017 so £187.60 is the final figure for that benefit.

    15psumt.png
  • nicechap
    nicechap Posts: 2,852 Forumite
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    That looks like you pay for dental plan (8 months at £23.45 = £187.60), as opposed to the company giving it to you for free (i.e. a benefit) and then you get taxed on that benefit.

    Unless the value of the plan was greater and you made a partial contribution?

    You should be able to do your own tax calculation and decide if you're paying more than the allowance.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • twisterzzz
    twisterzzz Posts: 30 Forumite
    edited 29 January 2018 at 7:08PM
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    nicechap wrote: »
    That looks like you pay for dental plan (8 months at £23.45 = £187.60)

    That sounds just right. I recall that HR telling me that I pay the tax directly, shame I don't have access to a document or email saying so.

    Also explains why I didn't receive a P11D (since there was no other taxable benefit received in tax year 2016-17).

    BTW, how did you work out the tax was paid on that benefit ? Is it calculating the tax on total paid on total gross figure of £6494.57 ?

    Thanks, that's a massive help there nicechap !
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