P45

buntosanya · Post by **buntosanya** » Fri Oct 06, 2006 11:30 am

I need an urgent advice on recipient of P45, is it myself or my new employer.

My previous Manager is trying to be funny, he is claiming that he is only willing to send the P45 to my new employer and not my address.

Please note that when i was leaving i refuse to declare to him my new employer and of course my reference was done by the Deputy Manager when he was on leave. He is still spiting because of my non declaration of my new employer.

I actually left the company because he is a bully and puts me down at every available opportunity. When i was trying to claim my annual leave after working with him for seven months, he was trying to prove to me that annual leave is a priviledge and not a right. I had to remind him the meaning of 'entitlement' because that is what my letter says in respect of annual leave.

I need to confirm my right on this before i give him a call so that i will be able to defend my argument with him.

Thanks

Post by **John** » Fri Oct 06, 2006 11:37 am

My previous Manager is trying to be funny, he is claiming that he is only willing to send the P45 to my new employer and not my address.

Absolutely not correct! The employer is obliged to hand/send a P45 to the employee who has just left .... and certainly not to a new employer. Indeed ... and I recognise that this might not apply to you .... someone might not have a new job to go to .... but nevertheless the employer is obliged to issue a form P45.

If the ex-employer persists phone your local HMRC tax office and explain about the problem. They will put the employer right about this.

buntosanya · Post by **buntosanya** » Fri Oct 06, 2006 11:53 am

[Indeed ... and I recognise that this might not apply to you .... someone might not have a new job to go to .... but nevertheless the employer is obliged to issue a form P45.]

Thank you John, I am of the same opinion which i did express to him. When i was about to leave the Organisation and my Manager referred to the fact that the organisation is not aware of my new employer (put this in my final supervision), this which he claimed will be of interest to the regulating body of my work sector for continuity. I told him outright that i don't have to work in the same sector and moreover what happen if i decide to go back to my Country.

John thanks once again for your contribution.

buntosanya · Post by **buntosanya** » Thu Oct 12, 2006 6:05 pm

Hi John

I have at last gotten my P45.

I have Part 2 and Part 3 of the P45 which are meant for my new employer and Inland revenue respectively. Part 1 of the P45 was not sent to me, hope this is in order.

Thanks

buntosanya · Post by **buntosanya** » Thu Oct 12, 2006 6:11 pm

Thanks John, i just found Part 1A in the envelope separated from the others.

punbros · Post by **punbros** » Wed Jan 10, 2007 7:13 pm

In regard to P45... I was working in warehouse for about 11 days thru an agency... am I entitled to P45 form? if so from where should I be getting it? The agency or the company who owns the warehouse?

Post by **John** » Wed Jan 10, 2007 7:21 pm

Whoever was your employer .... the company that paid you your wages.

punbros · Post by **punbros** » Thu Jan 11, 2007 4:21 pm

John wrote:Whoever was your employer .... the company that paid you your wages.

Do we need to request for it or they gonna send us anyways? Sorry if my question sounds little newbie...

Markie · Post by **Markie** » Thu Jan 11, 2007 4:36 pm

usually the P45 is given on your last day of employment...other companies send them off to your address..

Mine was received on my last day of work from the company...and then handed over part2 & 3 to my new employer when I restarted work.

Part 1 shoudl be your copy...

punbros · Post by **punbros** » Thu Jan 11, 2007 4:44 pm

Thanks a lot for information so far... it helps a lot...

Anyways P45 is given even if you were working temporarily right?

pantaiema · Post by **pantaiema** » Thu Jan 11, 2007 6:36 pm

Hi John
How about the previous question.

"In regard to P45... I was working in warehouse for about 11 days thru an agency... am I entitled to P45 form?"

Even people who are working for less than 1 month entitle to get P45 ?.

Pantaiema

John wrote:Whoever was your employer .... the company that paid you your wages.

Markie · Post by **Markie** » Fri Jan 12, 2007 8:47 am

punbros wrote:Thanks a lot for information so far... it helps a lot...

Anyways P45 is given even if you were working temporarily right?

even your on a tempo job...you should get a P45...even for less than a month!

vin123 · Post by **vin123** » Sat Jan 13, 2007 2:32 pm

Yes you are entitled for a P45, if you had a payslip that showed tax deducted on the source (TDS) with a tax code and your NI number. This is regardless of the term you worked.

punbros · Post by **punbros** » Sat Jan 13, 2007 6:31 pm

Thanks for all the information which have been quite handy for me...

As for the NI, the deduction is being made on behalf of worker, so the question is... for people who have had NI number already... it will go against their name/number... how about for people who just worked using temporary number? How does things work for them?

vin123 · Post by **vin123** » Sat Jan 13, 2007 9:37 pm

how about for people who just worked using temporary number? How does things work for them?

If you do not have an NI number, the employer will have to assign a temporary NI which usually starts with 'TN' followed by DateOfBirth in 6 digit numerals. The tax code will then be a special one - which they call it emergency tax code or something.

When you get your real NI number, then it becomes easy for HMRC to find the contributions made on behalf of you and assign a proper tax code, whether or not you are with the same employer.

Markie · Post by **Markie** » Sun Jan 14, 2007 6:03 pm

agree with the posts...your tempo NI and the official NI shall be linked within the HRMC database...

Post by **John** » Sun Jan 14, 2007 8:36 pm

If you do not have an NI number, the employer will have to assign a temporary NI which usually starts with 'TN' followed by DateOfBirth in 6 digit numerals.

I don't agree ... HMRC will no longer accept PAYE end-of-year returns containing any TN NINOs. Employers must now use real NINOs when making such returns.

vin123 · Post by **vin123** » Sun Jan 14, 2007 11:38 pm

I don't agree ... HMRC will no longer accept PAYE end-of-year returns containing any TN NINOs. Employers must now use real NINOs when making such returns.

If thats the case, what would a company do if it employed Mr X without an NI on the 1st of March and X left the company on 28th March. Company issued him a payslip by putting him on their payroll for that month. Remember, X left the company on 28th for good and he is not obliged to let the company know later on, when he gets his real NI.
Is this situation possible or not ?. So being a tax consultant, how would you advice the company with regards to its P35 and P14. Any difference it makes to HMRC ?

Mafia · Post by **Mafia** » Wed Jan 17, 2007 11:16 pm

vin123 wrote:
I don't agree ... HMRC will no longer accept PAYE end-of-year returns containing any TN NINOs. Employers must now use real NINOs when making such returns.
If thats the case, what would a company do if it employed Mr X without an NI on the 1st of March and X left the company on 28th March. Company issued him a payslip by putting him on their payroll for that month. Remember, X left the company on 28th for good and he is not obliged to let the company know later on, when he gets his real NI.
Is this situation possible or not ?. So being a tax consultant, how would you advice the company with regards to its P35 and P14. Any difference it makes to HMRC ?

John is absolutely spot on!

HMRC announced in their Employers Tax Bulletin (Issue 20) back in April 2005 that temporary NINO can no longer be used.

If you don't know the NINO, simply leave the NINO box blank and complete the date of birth and gender boxes. If the employee did not provide their date of birth, use 01/01/1901.

Have a look at page 15 of the Bulletin http://www.hmrc.gov.uk/employers-bullet ... bull20.pdf and also http://www.hmrc.gov.uk/2006online/2005- ... errors.htm

The Mafia ...

vin123 · Post by **vin123** » Thu Jan 25, 2007 11:29 pm

I thought the context here is employee, not employer.

Post by **John** » Fri Jan 26, 2007 8:05 am

Vin, it is, but only some parts of the P45 get handed to the employee ... other parts go to HMRC .... who are not happy with temporary NINOs.

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