Settlement Visa refused HMRC tax

[Wanderer]

I got a hearing date on 5 January 2015 at Newport. As my wife application was refused because the employer fails to pay a month tax on time and so home office thinks that i ceased my employment. I want to know who is liable to pay the tax under PAYE (RTI). I got P60 which show that tax has been paid. Now whose fault is this? Who is liable for this whole tax stuff. Is home office suppose that a employee must call HMRC every month to check the tax is paid or not? If so, then is there any worker in great britain who do this?

The employer must pay the tax, their not paying it usually means with they are playing fast and loose with their statutory obligations or they are in financial trouble.

RTI late fiing penalties on or after 6 April 2014

No of employees Monthly penalty
1-9 £100
10-49 £200
50-249 £300
250 + £400

[maniani]

I got a hearing date on 5 January 2015 at Newport. As my wife application was refused because the employer fails to pay a month tax on time and so home office thinks that i ceased my employment. I want to know who is liable to pay the tax under PAYE (RTI). I got P60 which show that tax has been paid. Now whose fault is this? Who is liable for this whole tax stuff. Is home office suppose that a employee must call HMRC every month to check the tax is paid or not? If so, then is there any worker in great britain who do this?

The employer must pay the tax, their not paying it usually means with they are playing fast and loose with their statutory obligations or they are in financial trouble.

RTI late fiing penalties on or after 6 April 2014

No of employees Monthly penalty
1-9 £100
10-49 £200
50-249 £300
250 + £400

Yes, I know there is no penalty and it has to pay by my employer. But there is no fault of mine if he pays my tax late. The home office think that i ceased employment before the visa application because they don't find tax of mine of last month. Now what to do. I am still working for same employer earning over 31K. Now whose fault is this?

[Wanderer]

I got a hearing date on 5 January 2015 at Newport. As my wife application was refused because the employer fails to pay a month tax on time and so home office thinks that i ceased my employment. I want to know who is liable to pay the tax under PAYE (RTI). I got P60 which show that tax has been paid. Now whose fault is this? Who is liable for this whole tax stuff. Is home office suppose that a employee must call HMRC every month to check the tax is paid or not? If so, then is there any worker in great britain who do this?

The employer must pay the tax, their not paying it usually means with they are playing fast and loose with their statutory obligations or they are in financial trouble.

RTI late fiing penalties on or after 6 April 2014

No of employees Monthly penalty
1-9 £100
10-49 £200
50-249 £300
250 + £400

Yes, I know there is no penalty and it has to pay by my employer. But there is no fault of mine if he pays my tax late. The home office think that i ceased employment before the visa application because they don't find tax of mine of last month. Now what to do. I am still working for same employer earning over 31K. Now whose fault is this?

It's not your fault no, but if taxes are unpaid by the employer the HMRC will try to come after you for said unpaid taxes, I'd bear that in mind.

You've no option but to to take it up with you employer but if I were you i'd be looking to change my job, there is no excuse for this sort of thing.

[maniani]

I understand that. But as a responsible employee, I get P60 at the end of financial year. I ensure that correct tax has been paid.
But according to HMRC:-

PAYE90020 - Reconcile individual: underpayments: PAYE directions
If an employer fails to deduct the correct amount of PAYE from an employee’s earnings, the employer is liable for the amount under-deducted. The underpayment should be recovered from the employer not the taxpayer, unless HMRC makes a PAYE direction.
Regulations 72(5) and 81(4) of the Income Tax (PAYE) Regulations 2003 govern the making of directions, which can be made if
• The employer took reasonable care to comply with the Regulations, and the failure to deduct the correct amount was due to an error made in good faith (regulation 72(5) condition A - the ‘honest mistake’)
Or
• The employer cannot pay the liability (for example due to insolvency, ceased trading) and the taxpayer knew that the employer had wilfully failed to deduct the correct amount of PAYE (regulations 72(5) condition B and 81(4) condition A - the ‘deliberate failure’)



In this way employer is liable for my tax. At the appeal hearing, I will take my company accountant with me to witness that the whole tax stuff is between the company and employer and there is no role of me in it. The accountant will also witness that i am genuine employer. So how much chance do i have to win the appeal?

[maniani]

My amended hearing date is on 5 January 2015 at Newport . Please tell me will there be any person from home office to attend the hearing and when will judge gave its decision? Will he give the decision on same day or after?If after,then how much time? Please advice me.

[maniani]

My amended hearing date is on 5 January 2015 at Newport . Please tell me will there be any person from home office to attend the hearing and when will judge gave its decision? Will he give the decision on same day or after?If after,then how much time? Please advice me.

Any advice please.

[maniani]

Appeal allowed under immigration rules. What's next now? How will embassy contact me?

[Asma7]

Hi,

Was your appeal allowed? because I am in a similar situation. What did you say at the appeal?

Thank you

[maniani]

Hi,

Was your appeal allowed? because I am in a similar situation. What did you say at the appeal?

Thank you

Yes my appeal is allowed

[Asma7]

Hi,

Is there any chance please , you what you said at the hearing and what the judge said. My appeal is in a week and it is very very similar to your situation. I will very much appreciate your help. Thank you

[maniani]

Hi,

Is there any chance please , you what you said at the hearing and what the judge said. My appeal is in a week and it is very very similar to your situation. I will very much appreciate your help. Thank you

There was no argument at court. I just showed judge my P60 and letter from HMRC only and he was satisfied.

[Asma7]

Thank you

[maniani]

Had you already received your hearing date?

[Asma7]

Yes its tomorrow.

[maniani]

Yes its tomorrow.

Tell me how it went?

[Asma7]

It got adjourned because I was on a floating list, does anyone know why? New date is on the 5th of Feb.

[Asma7]

it got adjourned because I was on a floating list, does anyone know why? New date is the 5th of Feb.

[maniani]

it got adjourned because I was on a floating list, does anyone know why? New date is the 5th of Feb.

All the Best for the hearing.....

[maniani]

Visa Applied - 17/01/14
Visa Refused - 14/02/14
Appeal - 06/03/14
ECM Dealine - 13/08/14
Appeal Hearing - 5/01/15
Appeal Allowed - 9/01/15
Appeal sent to India - 26/01/15

Dear forums members

Can you please tell me how long British High Commission New Delhi will take to send me call letter?