Tax related issue

[marknarine]

Hello there, I would like help from members. Current status is with ILR through

- 2 + 3 (HSMP + Tier) between 2007-2012 (employment)
- ILR since july 2012

I was working for a company between June 2012- January 2013 and changed job in Feb, 2013. However, that company didn't pay any Tax. I have payslips and employment letter, they didnt pay the Tax or NI that they should have paid for my employment.

Not sure whether i will need to contact HMRC & pay what my empployer didn't pay? Or is this something not my fault? Do UKBA check all 5 years worth of Tax history?

Your help will be appreciated. Thank you in advanced.

[Amber]

If you were employed then your employer was liable to pay tax and NI, you should report them to the HMRC. And what correspondence you get from the HMRC should be included with your application.

[marknarine]

Thanks Amber,

I was thinking to contact HMRC, but not sure whether that will harm any future 'reference' letter if I mention them for any job.

Also, any idea, if I don't contact HMRC about the situation, & apply with all payslips, letters, etc from previous employer, will that harm the application? Is this something related to no being a good character if I don't tell about previous employer situation?

I have p60, payslips, etc from my current employer.

Regards, Mark

[innocentdevil]

an employee gets pay after deduction from the employer so it is not your responsibility to prove that you paid tax or not. As long as your net income from the employer matches your bank account figures and your payslip lists your NI on it then you are fine.

if the case worker asks you that there is unpaid tax then you simply say to them its not my problem I got my salary after deduction and that they should get HMRC to purse the Employer.

[mealos]

I suggest you apply to Employment Tribunal immediately, have your case filed there. They will provide a case number to you and you can forward it to both HMRC and Home Office proving your claim.

[Amber]

It's got nothing to do with an Employment Tribunal unless, for example, you were unfairly/wrongly dismissed or are owed wages.

Like I said, the payment of tax and NI is your employers responsibility. Reporting them to the HMRC should not affect your application.

[ban.s]

did you submit p45/p46 to the employer when you started in June 2012?
did they issue you p45 when you left in Jan 2013?

[VR]

Folks,

It is my humble opinion that it is not any employee's business to call the HMRC and complain about the employer not paying tax or national insurance.

The onus is on the employer as far as PAYE goes. You might get your BC but the above proposed action will come back to haunt you for years.

The employer holds all the aces. You never know what reference you will get from them. Data protection etc is fine. But I can tell you of an instance when an employee was a whistleblower and he took the company to the tribunal and won.

Despite this no action was taken against the wrong doers and one of the wrong doers gave a bad reference about this employee to a recruiter. These days because of the Internet and well connected networking in the recruitment area, should the employer know that an employee has done them in , word will spread like fire.

The best solution is if the employee does not have P60/P45 enclose all the Original Payslips. And let the HMRC do their work.

Think deeply before you act on impulse.
Good Luck
VR

[mealos]

It's got nothing to do with an Employment Tribunal unless, for example, you were unfairly/wrongly dismissed or are owed wages.

Like I said, the payment of tax and NI is your employers responsibility. Reporting them to the HMRC should not affect your application.

Employment Tribunals do deal with unpaid NI and tax by the employers along with all other benefits. The tax deduction and NI deduction can only be done for paying it to HMRC on your behalf. Otherwise it is your money, so whats being stolen is your wage if NI or tax remains cut but unpaid. I have applied to the Tribunals before for such issue, they force the employers to fulfill their responsibilities.

It makes sense not to appear as you made an earning but no tax paid, better to prove that because it was not your responsibility rather than leaving a lose end for a debate with HO. In final count of course you cant be held responsible for a money cut from your wage for taxes yet never reached HMRC accounts.

[innocentdevil]

and with RTI employers wont be able to dodge NI etc anymore

[marknarine]

Thank you all of you for your feedback.

I don't want to raise any issue with HMRC or ET because it may hurt my future reference, although I worked there for a short time. I have payslips, bank statements & reference letter from them, but because of obvious reasons, the couldn't gave be P45 or P60.

I did use P46 at current company and received new P60 last few months. Got payslips, bankstatement, etc from current company.

May be i will wait for few years so that there will be a few P60, etc??