Retrospective PAYE Submission?

DawningLight

Hi there,

I have a weird question and hope someone has some clue.  I have an ongoing legal battle going on at the moment, both sides need access to my HMRC records from 2021. I gave permission for these to be released and my solicitor has come back and said there are none available. My ex-husband and I ran a business, was mine but he kind of took over and then took it entirely from me (financial abuse). Anyway, I took it up with him and he claims he submitted them earlier this year retrospectively but then admitted he hadn't had any kind of confirmation they'd been accepted. (I suspect he simply hasn't bothered.)

I have been begging him for weeks to submit my PAYE details, as it's imperative I have them now. I have wage slips but there's no HMRC backing to them.  He claims it's really difficult and there's no easy way to retrospectively submit PAYE from 2021. I thought this was something that could be done online though?

I was a director for part of the time but resigned just before I stopped working there altogether. He claims he's called HMRC who told him it was so long ago there's no point submitting, I find this incredibly difficult to believe as there is likely tax and NI contributions outstanding.

Before I call them and make an !!!!!! of myself with my lack of knowledge, can anyone just confirm how you would go about retrospectively submitting employers PAYE contributions to HMRC for wages paid in 2021?  Is this something only he can do, or can I do it as I was a director at the time?

Thank you!

Hoenir

What's the current status of the Limited Company? Have the annual accounts of the Company been submitted ? 

This can be checked online

https://www.gov.uk/get-information-about-a-company

DawningLight

It's still active, he still is a director. Nothing has been submitted since like 2019 according to companies house. 

Bookworm105

normally a late submission would be made through the payroll software

if your data is missing from HMRC records then either you were never declared in the first place (a serious issue carrying heavy penalty on the company for "deliberate" error or the FPS was not submitted at all for anyone (that should be easy to check on the company's HMRC employer records as it would be o/s

if either case applies there must be a record of financial penalties levied by HMRC?

DawningLight

Can it still be made through the payroll software if it's from 2021? He's claiming it can't, and frankly I feel like he's lying to get out of submitting anything at all or to delay it for whatever reason (probably cos he knows he's going to have penalties/fines to pay)....

flossymcfly

The issue may be that there is no active Employer's PAYE scheme, an active PAYE reference and Accounts Office reference is required to submit. If there is no scheme, one can be set up retrospectively however, evidence will be required that it was required eg. payments were being made from that date which should have been reported. I honestly have no idea what kind of penalties would be levied, but I'm sure there would be some.

Hoenir

DawningLight said:

It's still active, he still is a director. Nothing has been submitted since like 2019 according to companies house. 

Criminal offence under the Companies Act not to file accounts. Penalties can be levied. Likewise Company tax returns with the HMRC. 

It is possible to report matters to the HMRC , such as the undeclared wages paid. 

Report tax fraud or avoidance to HMRC

https://www.gov.uk/report-tax-fraud

DawningLight

Thank you all, much as I thought then. Time for a phone call seeing as he has been avoiding my requests for this to be done since 2021.Promised he'd done it this year but clearly hasn't and has no intention of doing so.

Bookworm105

DawningLight said:

Thank you all, much as I thought then. Time for a phone call seeing as he has been avoiding my requests for this to be done since 2021.Promised he'd done it this year but clearly hasn't and has no intention of doing so.

given he appears to be racking up and ignoring heavy penalties from HMRC for failure to submit payroll and tax returns for many years and penalties from companies house I wish you luck with that. 

martindow

Are you still listed on Companies House in any capacity for this company?  You mention that your ex 'took over' but it seems as if he may well not have bothered with returns and updating paperwork.  In that case you would still be embroiled with this company.

It sounds a horrible situation and I hope that you manage to resolve it.

DawningLight

martindow said:

Are you still listed on Companies House in any capacity for this company?  You mention that your ex 'took over' but it seems as if he may well not have bothered with returns and updating paperwork.  In that case you would still be embroiled with this company.

It sounds a horrible situation and I hope that you manage to resolve it.

No thankfully I am not. I'm listed as having resigned in 2021. It's really stressful, so thank you! I don't understand what he thinks he's going to achieve by putting this all off.