P45 / claiming tax back issues

cmpep2

Hi, I'm a newbie to all of this tax stuff, being a long-term student, so please bear with me if any of my assumptions are wrong. I hope this is the right area of the forum for this...

My girlfriend and I recently finished Uni and are temping until we find a proper job. In November, I did 3 days work for a temping agency, and filled out a P60 before I started. A fortnight later, both my girlfriend and I started a 9-5 Mon-Fri temping job at the same company. We both filled in P60's, she ticked the box that said she hadn't had a job in the financial year, I ticked the one that said that I had (albeit for 3 days!).

My understanding is that you shouldn't be taxed if you aren't going to earn £5000 in the tax year. We aren't going to. My girlfriend isn't being taxed at the new place, which I think is right. I am. Payroll have told me that they need a P45 from my old job (the agency) before they stop taxing me. For three months I've been after this now. Phone calls, e-mails, personal visits, all to no avail, they simply either can't or won't provide me with a P45, much to my annoyance. So I've now been taxed at the new place far more than I ever earnt at the agency!

So, I'd like some advice as to where I should go from here. If I never see the P45, can I claim the tax back in April? Is there some financial gain that the agency are seeking from not providing me with a P45? Are they simply rubbish, or after something?

If I'm going to be able to get the money back without a P45 eventually, I'm at the end of my tether, so I'm tempted just to leave it. But if I need the P45, how do I proceed? Lawyers? Inland revenue?

Any help would be greatly appreciated, I'm fed up of banging my head against a brick wall now!

Thanks in advance.

tigtag02

Hiya

Just for the record you filled out P46's not P60's.

Now, the point of your post. When you filled out that P46 your employer should have sent it to HMRC.
I would guess that you are on a 522L M1 tax code which means that you are receving allowences but only on a monthly basis and not over the whole year.

HMRC need to send your employer a P6 to take you off the M1 basis. My best suggestion is that you contact HMRC as its not up to the employer to chase them.

Once your off the M1 then any overpayment will be refunded back to you through your pay.

HTH
tigtag

cmpep2

Oh - right. So all of this P45 chasing has been entirely pointless? Cheers payroll...

I'll check out my tax code tomorrow, and get straight onto customs and get a P6 sent out.

Thanks for the nudge in the right direction - I really needed it!

Treading_Water

Hi there
Are you a still a full time student? If so you should be able to fill out a student declaration form, in order to not pay any tax this year. As long as your earnings will be under a certain limit - I'm not sure how much offhand. Alternatively if you can't sort your tax code this year, you will be able to claim it back after 05 April.

cmpep2

Hi - nah, I'm all done studying now. Clearly still naive enough to be chasing this blinking P45 for 3 months though.

The real world will bite me more as time goes on I guess! The saving grace is that I don't have to have 'that' phone conversation again this week with the temp agency as they fob me off some more. I'm sure customs will at least try and help!

chrisbur

Treading_Water wrote: »

Hi there
Are you a still a full time student? If so you should be able to fill out a student declaration form, in order to not pay any tax this year. As long as your earnings will be under a certain limit - I'm not sure how much offhand. Alternatively if you can't sort your tax code this year, you will be able to claim it back after 05 April.

The limit is £5225 and can only be used by students who will still be students up to 5 April in that tax year and only work during holidays. If any work is done during term times they should not use the student declaration form P38(s)

CarolynH

"Oh - right. So all of this P45 chasing has been entirely pointless? Cheers payroll... quote]

No, it's not been poinless - and still may be usefull. Your P45 is the record of how much you have earned in the year and how much tax you have paid. If your P45 has you on a non-month 1 code, your new employer effectively 'picks up' this code. So you would be taken off Month 1 and paid any rebate that is due.

It's worth trying to get this concluded before your last payment in the tax year - if your code changes off month 1 this year (either by getting your P45 or by the revenue sending your employer a P6) you will receieve the tax back through payroll, if it rolls into the next tax year, you'll have to actively reclaim the overpayment from the revenue yourself.