Tax refund through PAYE or claim from HMRC?

Molly56

molerat said:

The on line tax account shows what the employer has recorded as wages paid and tax deducted / refunded. They will have settled up with HMRC according to those figures.  If the amounts do not tally with what has been received then it is down to the employer to pay up.  Write a letter, sent with free proof of postage, asking for the amounts and if nothing received after 2 weeks send a another letter restating the request and that if nothing is received in the next 2 weeks then legal action will be commenced without further notice.

The online tax account is what we have been using to understand what has gone on…..interestingly though the total figures at the bottom are not the totals of the figure above….not sure why or how that has occurred but hopefully HMRC can work that one out. 

Regarding your suggestion about letters and legal action we have already gone down and passed that route….as mentioned in original post….the tribunal judgement stated we need to claim from HMRC but that doesn’t add up with evidence we received from them saying employer should have paid in wages…
….feeling that I am going round in circles!

Dazed_and_C0nfused

There is nothing to claim from HMRC.

For example if the final taxable wage payment in 2019:20 was £0.00 and £20 tax was shown as being refunded and that meant that, as far as the data submitted to HMRC is concerned, the correct tax was deducted across the whole of the tax year, then there is nothing for HMRC to refund.

It seems quite an unusual situation, the bit below from the original post suggests the employer is struggling to understand how PAYE works and their responsibilities.

Neither of the above amounts had been paid to him in his net take home pay.  We questioned these with his employer but he said that he would have to claim these amounts from HMRC.

AskAsk

Molly56 said:

AskAsk said:

Molly56 said:

Don’t see how HMRC will tell me how much has been paid over in deductions by employer as they don’t have the authority to discuss his employers PAYE account with me…..all I can do is tell them what I know and suggest that they look into it….which is what I have done. 

your husband will need to speak to HMRC as they won't speak to you.  they will do so if he gives authority on the phone to discuss the issue with you so they would go through security with him before he passes the phone to you.  can your husband not speak to HMRC direct himself?  it would make things a lot easier.

I already have the authority to speak with HMRC regarding his tax affairs ….this was agreed with officer who responded to my last letter and evidently is marked on his account as such….is easier for me to deal with it as have sorted all the figures using my accountancy background and know the situation inside out by now.

if you have authority to discuss your husband's tax affairs then they will be able to tell you how much PAYE tax has been received by them as you can actually see this if you do self assessment.  it is recorded automatically on the self assessment submission.  this is recorded as tax already paid through employment.  therefore HMRC will have access to this figure and will be able to tell you what it is if you have authority to discuss your husband's tax matters.

i found that HMRC will not agree to anyone dealing with other people's tax matters unless you have power of attorney so i am not sure that you have full authority for them to disclose figures.  they can record your comments and take details from you but they may not be able to tell you any details in return unless your husband is sat next to you when you speak to them.

Dazed_and_C0nfused

AskAsk said:

Molly56 said:

AskAsk said:

Molly56 said:

Don’t see how HMRC will tell me how much has been paid over in deductions by employer as they don’t have the authority to discuss his employers PAYE account with me…..all I can do is tell them what I know and suggest that they look into it….which is what I have done. 

your husband will need to speak to HMRC as they won't speak to you.  they will do so if he gives authority on the phone to discuss the issue with you so they would go through security with him before he passes the phone to you.  can your husband not speak to HMRC direct himself?  it would make things a lot easier.

I already have the authority to speak with HMRC regarding his tax affairs ….this was agreed with officer who responded to my last letter and evidently is marked on his account as such….is easier for me to deal with it as have sorted all the figures using my accountancy background and know the situation inside out by now.

if you have authority to discuss your husband's tax affairs then they will be able to tell you how much PAYE tax has been received by them as you can actually see this if you do self assessment.  it is recorded automatically on the self assessment submission.  this is recorded as tax already paid through employment.  therefore HMRC will have access to this figure and will be able to tell you what it is if you have authority to discuss your husband's tax matters.

i found that HMRC will not agree to anyone dealing with other people's tax matters unless you have power of attorney so i am not sure that you have full authority for them to disclose figures.  they can record your comments and take details from you but they may not be able to tell you any details in return unless your husband is sat next to you when you speak to them.

I have no idea where you got that from but HMRC deal with third parties all the time.  There is nothing unusual in what the op has said.

AskAsk

Dazed_and_C0nfused said:

AskAsk said:

Molly56 said:

AskAsk said:

Molly56 said:

Don’t see how HMRC will tell me how much has been paid over in deductions by employer as they don’t have the authority to discuss his employers PAYE account with me…..all I can do is tell them what I know and suggest that they look into it….which is what I have done. 

your husband will need to speak to HMRC as they won't speak to you.  they will do so if he gives authority on the phone to discuss the issue with you so they would go through security with him before he passes the phone to you.  can your husband not speak to HMRC direct himself?  it would make things a lot easier.

I already have the authority to speak with HMRC regarding his tax affairs ….this was agreed with officer who responded to my last letter and evidently is marked on his account as such….is easier for me to deal with it as have sorted all the figures using my accountancy background and know the situation inside out by now.

if you have authority to discuss your husband's tax affairs then they will be able to tell you how much PAYE tax has been received by them as you can actually see this if you do self assessment.  it is recorded automatically on the self assessment submission.  this is recorded as tax already paid through employment.  therefore HMRC will have access to this figure and will be able to tell you what it is if you have authority to discuss your husband's tax matters.

i found that HMRC will not agree to anyone dealing with other people's tax matters unless you have power of attorney so i am not sure that you have full authority for them to disclose figures.  they can record your comments and take details from you but they may not be able to tell you any details in return unless your husband is sat next to you when you speak to them.

I have no idea where you got that from but HMRC deal with third parties all the time.  There is nothing unusual in what the op has said.

i had to deal with my brother's tax affairs but HMRC said they could not discuss the matter with me without me having power of attorney.  my brother had signed a letter to give me authority to deal with his tax affairs but HMRC said that was not enough.  i still can't deal with his tax affairs as i don't have power of attorney.