Not paying tax?

jupiteragain

My partner was working for a window company for 3 years and receiving PAYE slips weekly with no problems. The company then fell into difficulties and were facing liquidation. He was then made redundant as the company ceased trading. There was however talk of starting up again in the near future. My partner was away for a month on our honeymoon and was told to contact the office on his return to see if they were trading again and he could have his job back, which he did and began work the following week.

My partner was now being paid by company cheque however, and had had a large drop in wages. This continued for a few months until we started looking for a mortgage and needed his pay slips which had stopped receiving. He had asked his boss for them several times and was told 'no problem' see me later etc. After a while I became suspicious and told him to ask his boss outright why he wasn't having his payslips, and reassurance that it was above board. My partner was told it is all going through the books as it is a company cheque etc.

After 2 months of nagging to no avail my partner left the company, and started work elsewhere (with payslips!)

Now we have received a letter from HMRC asking whether he was working during this time as they have no record of his employment. He contacted his old boss and was told to write 'not working', thus confirming our suspicions.

We are now really worried about what to write on the form and whether he will get in trouble for fraud etc, even though he was really not aware of it.

Thanks for listening, can anyone help us please?

System

He won't get done for fraud as he didn't commit any. He could say that he wasn't working (I am not suggesting he does that) but as he doesn't know how the employer accounts for him in his books it could catch up with him.

It would be better for him to reply to his tax office explaining that he was employed by Mr XXXX and he thought it was PAYE though he did not receive payslips or a P45 when he left that employment. HMRC may investigate the employer but they may also ask your partner to declare how much he received during that employment and tax him accordingly.

fengirl_2

If the employer has failed to pay over the tax and NIC deducted, it is the employer's liability, not your OH's. Send copies of the payslips to HMRC as this will help them in their persuit of the ex employer.