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Previous Earnings - Second Employer has not deducted Tax&

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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rocket_singh
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Previous Earnings - Second Employer has not deducted Tax&

Post by rocket_singh » Fri Dec 18, 2009 11:21 am

Hi Everybody,

Looking for urgent help; particularly from senior members and moderators.

I am presently on HSMP valid until 01-Feb-2010. I am looking to apply for an extension to Tier 1 (General) visa. My age at present is 26 years.

For the past twelve months I have been working with a bank and my gross pay is £16500. Tax and NI have been deducted and thereafter net payments have been made to my bank account.

The issue is that I am also working with a second employer (part time) since April 2009. My gross pay with the second employer from April 2009 to date is £3700. The employer has not deducted any tax or NI and has made a payment of the entire gross amounts as mentioned on the payslips.

I request views on any tier 1 (general) visa application complications arising due to tax and NI not having been deducted by my second employer.

paone
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Re: Previous Earnings - Second Employer has not deducted Tax

Post by paone » Fri Dec 18, 2009 7:12 pm

option 1

maybe you can get a tax aaccountant ..
and have it sorted out..
might cost you a little but its easier wiht an tax accountants help

option 2.
get a letter from the 2nd employer
stating that he has paid you 3700 gross without deduction.s

and co-relate it with you bank statements

Sushil-ACCA
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Location: Wembley Park

Re: Previous Earnings - Second Employer has not deducted Tax

Post by Sushil-ACCA » Fri Dec 18, 2009 8:06 pm

paone wrote:option 1

maybe you can get a tax aaccountant ..
and have it sorted out..
might cost you a little but its easier wiht an tax accountants help


need to get self employment income certificate and accounts from qualified practising ACA or ACCA

option 2.
get a letter from the 2nd employer
stating that he has paid you 3700 gross without deduction.s



and co-relate it with you bank statements

Sushil-ACCA
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Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Re: Previous Earnings - Second Employer has not deducted Tax

Post by Sushil-ACCA » Fri Dec 18, 2009 8:07 pm

paone wrote:option 1

maybe you can get a tax aaccountant ..
and have it sorted out..
might cost you a little but its easier wiht an tax accountants help


need to get self employment income certificate and accounts from qualified practising ACA or ACCA

option 2.
get a letter from the 2nd employer
stating that he has paid you 3700 gross without deduction.s



and co-relate it with you bank statements

rocket_singh
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Posts: 8
Joined: Fri Dec 18, 2009 11:04 am

Post by rocket_singh » Sat Dec 19, 2009 11:48 am

Hi Sushil,

I am working for the second employer and get paid weekly salary. Just wondering why would you mention the need for "Self Employment Income Certificate and Accounts from qualified practising ACA / ACCA" ?

The gross salary received from second employer is also the net salary with corroborating payments into my bank account. Request your views on any complications arising in the visa applications.

Sushil-ACCA
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Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Sat Dec 19, 2009 12:05 pm

rocket_singh wrote:Hi Sushil,

I am working for the second employer and get paid weekly salary. Just wondering why would you mention the need for "Self Employment Income Certificate and Accounts from qualified practising ACA / ACCA" ?

The gross salary received from second employer is also the net salary with corroborating payments into my bank account. Request your views on any complications arising in the visa applications.
IF TAX and NI is not paid by employer than u r self employed , u r responsible for tax and Ni ,

U need to get 2 itmes of 3 mentioned in HO guidelines

HSK Accountancy Services
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Location: Manchester

Post by HSK Accountancy Services » Sun Dec 20, 2009 1:52 am

Sushil-ACCA wrote:
rocket_singh wrote:Hi Sushil,

I am working for the second employer and get paid weekly salary. Just wondering why would you mention the need for "Self Employment Income Certificate and Accounts from qualified practising ACA / ACCA" ?

The gross salary received from second employer is also the net salary with corroborating payments into my bank account. Request your views on any complications arising in the visa applications.
IF TAX and NI is not paid by employer than u r self employed , u r responsible for tax and Ni ,

U need to get 2 itmes of 3 mentioned in HO guidelines
I second it. Do as Sushill said.

rocket_singh
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payslip detils

Post by rocket_singh » Mon Dec 21, 2009 11:22 pm

Dear Sushil

Today i went back to the office manager of my second employer & asked him why this is happening in tax & NI inspite of they knowing that this is my second job. He said that they get tax code from HMRC under which they tax the employee.

Also he showed me the details of my last week salary slip which says
TO DATE TAXABLE - 3792.48
TAX - 37.40
NAT INS - 39.61
TAX CODE - 647L WK1
NI NO. - XXXXXX

I am confused now because the tax & NI is paid but i guess it is inappropriate. Please guide me.

Sushil-ACCA
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Location: Wembley Park

Re: payslip detils

Post by Sushil-ACCA » Wed Dec 23, 2009 7:14 pm

rocket_singh wrote:Dear Sushil

Today i went back to the office manager of my second employer & asked him why this is happening in tax & NI inspite of they knowing that this is my second job. He said that they get tax code from HMRC under which they tax the employee.

Also he showed me the details of my last week salary slip which says
TO DATE TAXABLE - 3792.48
TAX - 37.40
NAT INS - 39.61
TAX CODE - 647L WK1
NI NO. - XXXXXX

I am confused now because the tax & NI is paid but i guess it is inappropriate. Please guide me.
Get proper code from HMRC AND give to yr employer to cut tax on earnings or give p46 to cut Basic rate tax so yr issue will be solved , AS HO is concerned with Gross earnings

by chance if u paid extra tax in this process that any how u can claim back by Self asssessment

Regards

rocket_singh
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Posts: 8
Joined: Fri Dec 18, 2009 11:04 am

Post by rocket_singh » Fri Jan 01, 2010 3:54 pm

Dear Sushil

Thanks for you advice, was wondering how i can do what you have suggested because i have planned to apply for my visa before the 10th Jan 2010. Even if i give my second employer my P46 even then things wll not work out before 10th Jan.

Also was thinking the amount in my payslip reflects in my statements and it also refects the tax that has been deducted (which is under the wrong tax code). If the HO looks at the total gross earning then my last payslip says
total taxable - 3989.68
tax - 37.40
Nat INS - 39.61

which means my employer have paid tax and if there is any difference then HMRC will ask me to pay the difference by the end of April 2010. The only point i want to keep by saying all this is that my visa expires on 31st jan 2010 and if i will give my P46 now will the things fall in place before my deadline of application (which is 10th jan).

Sushil-ACCA
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Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Fri Jan 01, 2010 4:02 pm

rocket_singh wrote:Dear Sushil

Thanks for you advice, was wondering how i can do what you have suggested because i have planned to apply for my visa before the 10th Jan 2010. Even if i give my second employer my P46 even then things wll not work out before 10th Jan.

Also was thinking the amount in my payslip reflects in my statements and it also refects the tax that has been deducted (which is under the wrong tax code). If the HO looks at the total gross earning then my last payslip says
total taxable - 3989.68
tax - 37.40
Nat INS - 39.61

which means my employer have paid tax and if there is any difference then HMRC will ask me to pay the difference by the end of April 2010. The only point i want to keep by saying all this is that my visa expires on 31st jan 2010 and if i will give my P46 now will the things fall in place before my deadline of application (which is 10th jan).
You need to sort it out properly , If tax is payable than need to be sorted out between yr employer and U with HMRC , HO is concered that you follow tax laws

any how PAYE IS PAYABLE today or tommorro to HMRC otherwise yr visa is issue

rocket_singh
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Posts: 8
Joined: Fri Dec 18, 2009 11:04 am

Post by rocket_singh » Fri Jan 01, 2010 4:44 pm

Sushil thanks for your prompt reply. Can you please explain your second statement more elaborately which says "HO is concerned that you follow tax laws any how PAYE IS PAYABLE today or tomorrow to HMRC otherwise yr visa is issue".

Does it means that its fine if I pay my taxes after my visa?

meats
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Post by meats » Fri Jan 01, 2010 4:50 pm

rocket_singh wrote:Sushil thanks for your prompt reply. Can you please explain your second statement more elaborately which says "HO is concerned that you follow tax laws any how PAYE IS PAYABLE today or tomorrow to HMRC otherwise yr visa is issue".

Does it means that its fine if I pay my taxes after my visa?
If you're not paying tax you are breaking the law so no you won't even get your visa.

rocket_singh
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Posts: 8
Joined: Fri Dec 18, 2009 11:04 am

Post by rocket_singh » Fri Jan 01, 2010 5:19 pm

thanks sushil will call HMRC on Monday and sort it out with them. Also i was reading few other cases on the forum. I have 6 points on my UK driving licence should i have to disclose it in my application? Will this effect my application?

republique
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Post by republique » Fri Jan 01, 2010 6:59 pm

meats wrote:
rocket_singh wrote:Sushil thanks for your prompt reply. Can you please explain your second statement more elaborately which says "HO is concerned that you follow tax laws any how PAYE IS PAYABLE today or tomorrow to HMRC otherwise yr visa is issue".

Does it means that its fine if I pay my taxes after my visa?
If you're not paying tax you are breaking the law so no you won't even get your visa.
This is a gross oversimplification. In a second job, tax is deducted at a different rate. The amount you made so far on the second job has not reached a threshold for tax to be deducted, although you just said the last payslip showed tax deducted around 37 pounds. Further, your first job's tax deductions will probably cover all tax that needs to be paid from the second job as you make so little from it compared to the primary job.

republique
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Post by republique » Fri Jan 01, 2010 7:01 pm

Sushil-ACCA wrote:
rocket_singh wrote:Dear Sushil

Thanks for you advice, was wondering how i can do what you have suggested because i have planned to apply for my visa before the 10th Jan 2010. Even if i give my second employer my P46 even then things wll not work out before 10th Jan.

Also was thinking the amount in my payslip reflects in my statements and it also refects the tax that has been deducted (which is under the wrong tax code). If the HO looks at the total gross earning then my last payslip says
total taxable - 3989.68
tax - 37.40
Nat INS - 39.61

which means my employer have paid tax and if there is any difference then HMRC will ask me to pay the difference by the end of April 2010. The only point i want to keep by saying all this is that my visa expires on 31st jan 2010 and if i will give my P46 now will the things fall in place before my deadline of application (which is 10th jan).
You need to sort it out properly , If tax is payable than need to be sorted out between yr employer and U with HMRC , HO is concered that you follow tax laws

any how PAYE IS PAYABLE today or tommorro to HMRC otherwise yr visa is issue
You are not at fault if your employer fails to take the adequate amount of tax from your paycheck unless you were complicit in some kind of scheme. You still owe any tax not sufficiently paid but you are not going to jail for it

republique
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Post by republique » Fri Jan 01, 2010 7:04 pm

Sushil-ACCA wrote:
rocket_singh wrote:Hi Sushil,

I am working for the second employer and get paid weekly salary. Just wondering why would you mention the need for "Self Employment Income Certificate and Accounts from qualified practising ACA / ACCA" ?

The gross salary received from second employer is also the net salary with corroborating payments into my bank account. Request your views on any complications arising in the visa applications.
IF TAX and NI is not paid by employer than u r self employed , u r responsible for tax and Ni ,

U need to get 2 itmes of 3 mentioned in HO guidelines
Incorrect. You can be an employed not self employed even if your employer is not deducting tax

Sushil-ACCA
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Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Fri Jan 01, 2010 7:05 pm

rocket_singh wrote:thanks sushil will call HMRC on Monday and sort it out with them. Also i was reading few other cases on the forum. I have 6 points on my UK driving licence should i have to disclose it in my application? Will this effect my application?
YES - SEniors please guide

republique
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Post by republique » Fri Jan 01, 2010 7:07 pm

rocket_singh wrote:Dear Sushil

Thanks for you advice, was wondering how i can do what you have suggested because i have planned to apply for my visa before the 10th Jan 2010. Even if i give my second employer my P46 even then things wll not work out before 10th Jan.

Also was thinking the amount in my payslip reflects in my statements and it also refects the tax that has been deducted (which is under the wrong tax code). If the HO looks at the total gross earning then my last payslip says
total taxable - 3989.68
tax - 37.40
Nat INS - 39.61

which means my employer have paid tax and if there is any difference then HMRC will ask me to pay the difference by the end of April 2010. The only point i want to keep by saying all this is that my visa expires on 31st jan 2010 and if i will give my P46 now will the things fall in place before my deadline of application (which is 10th jan).
If you apply and have reached the threshold amount of points to qualify for an extension, then what does your ending your employment have to do with anything when you are on Tier 1?

Sushil-ACCA
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Location: Wembley Park

Post by Sushil-ACCA » Fri Jan 01, 2010 7:09 pm

republique wrote:
Sushil-ACCA wrote:
rocket_singh wrote:Hi Sushil,

I am working for the second employer and get paid weekly salary. Just wondering why would you mention the need for "Self Employment Income Certificate and Accounts from qualified practising ACA / ACCA" ?

The gross salary received from second employer is also the net salary with corroborating payments into my bank account. Request your views on any complications arising in the visa applications.
IF TAX and NI is not paid by employer than u r self employed , u r responsible for tax and Ni ,

U need to get 2 itmes of 3 mentioned in HO guidelines
Incorrect. You can be an employed not self employed even if your employer is not deducting tax

if employer is not payning tax than, it is 100% assumed that u r self employed unless there is agreement, which clearly states that applicant is employed , and employer is in defalt in payment of PAYE , PAYE WAS DEDECTED from applicants salary BUT NOT PAID BY employer , in this situation visa is Issue.

Sushil-ACCA
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Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Fri Jan 01, 2010 7:12 pm

republique wrote:
rocket_singh wrote:Dear Sushil

Thanks for you advice, was wondering how i can do what you have suggested because i have planned to apply for my visa before the 10th Jan 2010. Even if i give my second employer my P46 even then things wll not work out before 10th Jan.

Also was thinking the amount in my payslip reflects in my statements and it also refects the tax that has been deducted (which is under the wrong tax code). If the HO looks at the total gross earning then my last payslip says
total taxable - 3989.68
tax - 37.40
Nat INS - 39.61

which means my employer have paid tax and if there is any difference then HMRC will ask me to pay the difference by the end of April 2010. The only point i want to keep by saying all this is that my visa expires on 31st jan 2010 and if i will give my P46 now will the things fall in place before my deadline of application (which is 10th jan).
If you apply and have reached the threshold amount of points to qualify for an extension, then what does your ending your employment have to do with anything when you are on Tier 1?
VISA is based on earnigs AND PAYE or taxes have to do all for getting visa from HO, HO RELIES ON P60 /P45 / ACCoountants that taxes r paid in due course

meats
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Post by meats » Fri Jan 01, 2010 7:56 pm

republique wrote:
meats wrote:
rocket_singh wrote:Sushil thanks for your prompt reply. Can you please explain your second statement more elaborately which says "HO is concerned that you follow tax laws any how PAYE IS PAYABLE today or tomorrow to HMRC otherwise yr visa is issue".

Does it means that its fine if I pay my taxes after my visa?
If you're not paying tax you are breaking the law so no you won't even get your visa.
This is a gross oversimplification. In a second job, tax is deducted at a different rate. The amount you made so far on the second job has not reached a threshold for tax to be deducted, although you just said the last payslip showed tax deducted around 37 pounds. Further, your first job's tax deductions will probably cover all tax that needs to be paid from the second job as you make so little from it compared to the primary job.
Wrong. Assuming that the OP has been working for the duration of this tax year then he would've gone over the tax free allowance in his main job. The 2nd job will be taxed straightaway and if he's been overtaxed then a rebate can be claimed. There is NO tax free allowance on second jobs.

The tax code that the OP has provided is an emergency tax code. If he's only paid £37.40 tax on nearly £4k then something is very very wrong unless that's his weekly tax and he's earning around £150 a week.

republique
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Post by republique » Sat Jan 02, 2010 12:35 pm

meats wrote:
republique wrote:
meats wrote:
rocket_singh wrote:Sushil thanks for your prompt reply. Can you please explain your second statement more elaborately which says "HO is concerned that you follow tax laws any how PAYE IS PAYABLE today or tomorrow to HMRC otherwise yr visa is issue".

Does it means that its fine if I pay my taxes after my visa?
If you're not paying tax you are breaking the law so no you won't even get your visa.
This is a gross oversimplification. In a second job, tax is deducted at a different rate. The amount you made so far on the second job has not reached a threshold for tax to be deducted, although you just said the last payslip showed tax deducted around 37 pounds. Further, your first job's tax deductions will probably cover all tax that needs to be paid from the second job as you make so little from it compared to the primary job.
Wrong. Assuming that the OP has been working for the duration of this tax year then he would've gone over the tax free allowance in his main job. The 2nd job will be taxed straightaway and if he's been overtaxed then a rebate can be claimed. There is NO tax free allowance on second jobs.

The tax code that the OP has provided is an emergency tax code. If he's only paid £37.40 tax on nearly £4k then something is very very wrong unless that's his weekly tax and he's earning around £150 a week.
Of course you are quick to contradict what I have said when you were completely wrong about stating that if he is not paying tax, he is breaking the law and won't get his visa. So I really don't pay attention to your sudden understanding of the tax law. At the end of the day, he is not in trouble.

republique
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Post by republique » Sat Jan 02, 2010 12:39 pm

Sushil-ACCA wrote:
republique wrote:
rocket_singh wrote:Dear Sushil

Thanks for you advice, was wondering how i can do what you have suggested because i have planned to apply for my visa before the 10th Jan 2010. Even if i give my second employer my P46 even then things wll not work out before 10th Jan.

Also was thinking the amount in my payslip reflects in my statements and it also refects the tax that has been deducted (which is under the wrong tax code). If the HO looks at the total gross earning then my last payslip says
total taxable - 3989.68
tax - 37.40
Nat INS - 39.61

which means my employer have paid tax and if there is any difference then HMRC will ask me to pay the difference by the end of April 2010. The only point i want to keep by saying all this is that my visa expires on 31st jan 2010 and if i will give my P46 now will the things fall in place before my deadline of application (which is 10th jan).
If you apply and have reached the threshold amount of points to qualify for an extension, then what does your ending your employment have to do with anything when you are on Tier 1?
VISA is based on earnigs AND PAYE or taxes have to do all for getting visa from HO, HO RELIES ON P60 /P45 / ACCoountants that taxes r paid in due course
And so what? What is your point? You have none. Just repeat info without any understanding it. You state the obvious. As a Tier 1 holder he doesn't have to be employed every single day of the visa and if he has earned the requisite amount to earn a certain threshold of points, then he doesn't have to be employed to renew the visa. How you state it implies otherwise which is wrong.

meats
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Post by meats » Sat Jan 02, 2010 12:44 pm

republique wrote:
meats wrote:
republique wrote:
meats wrote:
If you're not paying tax you are breaking the law so no you won't even get your visa.
This is a gross oversimplification. In a second job, tax is deducted at a different rate. The amount you made so far on the second job has not reached a threshold for tax to be deducted, although you just said the last payslip showed tax deducted around 37 pounds. Further, your first job's tax deductions will probably cover all tax that needs to be paid from the second job as you make so little from it compared to the primary job.
Wrong. Assuming that the OP has been working for the duration of this tax year then he would've gone over the tax free allowance in his main job. The 2nd job will be taxed straightaway and if he's been overtaxed then a rebate can be claimed. There is NO tax free allowance on second jobs.

The tax code that the OP has provided is an emergency tax code. If he's only paid £37.40 tax on nearly £4k then something is very very wrong unless that's his weekly tax and he's earning around £150 a week.
Of course you are quick to contradict what I have said when you were completely wrong about stating that if he is not paying tax, he is breaking the law and won't get his visa. So I really don't pay attention to your sudden understanding of the tax law. At the end of the day, he is not in trouble.
If he's not paying tax then he is breaking the law as 2nd jobs don't have a tax free allowance.

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