Can anyone help please?
I have a p60 from 2008-09 that has been filled in incorrectly by my previous employer so the hmrc think i have not paid any tax for that year.
The hmrc owed me money from a previous year when i worked abroad for a six months and have taken the balance they think i owe them from last years wages by adjusting my tax code.
I have contacted the hmrc who have been less then helpful,They have basically said they can do nothing until my previous employer re issues the p60 with the correct information on which they have refused to do. How can i sort this problem, i have no idea how to resolve this tia S
Replies (20)
Please login or register to join the discussion.
Payslips to disprove filed P60 figures
If the filed P60 was allegedly wrong and former employer declines to put right the error the onus falls on the employee to prove that the filed P60 was wrong.
The best way to do this is with payslips where the month12 (or week 52) cumulative figures contradict the filed P60 form figures.
Uphill Struggle
If you have no proof, you'll struggle with this one. Just tracing some kind of paperwork from so long ago will be difficult.
If not payslips,what about bank statements showing what you've received ? Your bank might be able to produce those. A Data Protection request might be the cheapest way to get copies ....
Talk to ACAS
Lion's suggestion of bank statements to prove the amounts paid into the bank is the best idea.
If your P60 doesn't agree with that, and the employer refuses to correct it, I would say you had a small claims case to threaten them with for unlawful deductions from your pay.
Albeit they called it tax, you have the P60 to prove it wasn't treated as such by them.
You could also try speaking
to your old employer again and tell them what you are going to do. Explain to them that if they don't give you a correct P60 that it is likely they will be investigated by HMRC once they have seen your evidence.
Threat
to your old employer again and tell them what you are going to do. Explain to them that if they don't give you a correct P60 that it is likely they will be investigated by HMRC once they have seen your evidence.
But try not to make it sound like a threat.
Can I ask why you have waited so long to do anything about this?
When you received the P60 all those years ago you knew then if you were paying tax at each pay day.
If your personal paperwork is like most people I know finding details at this stage will take a bit of hunting out.
In defence of the employer, if someone asked about a P60 from 5 years ago, considering with RTI possibly caused a change to software provider etc, I'm not sure it would be high priority. What would you have done if they were no longer in business?
Complaint
I have been chasing them since 2010,when the fault was picked up by the hmrc. the hmrc have been sending them letters and its only last year that the money was taken from me through tax code change
Tell you what - don't bother with finding those statements.
Just make a complaint to the Officer in Charge. The primary responsibility lies with the employer and HMRC should approach them. You had no knowledge - how could you if your payslip said there was tax being deducted ?
You've been treated disgracefully by some bone idle HMRC officer too lazy to get off his fat backside and go and investigate the criminals you worked for six years ago. If your P60 shows zero tax and you have even one payslip showing that tax was paid (mind you - obviously the more the merrier) you can prove that your tax was being deducted.
Don't accept this. HMRC have no case against you.
Correct
You're absolutely right, monkelbury. You need to up the stakes by complaining.
And don't let them tell you that they can't collect it from the employer because it's out of date. That's their fault. They knew about this in 2010.
Get together as much information as you can. Try to reconcile the gross pay on the P60 with your bank statements to show you paid tax by deduction. Send as complete a case as possible to the Officer in Charge. Tell him you expect a reply within 30 days of the date of your letter. Post it 14 days after writing it (no - only kidding there, that's what HMRC do). If you don't get a reply, ask the Ombudsman to intervene - maybe explaining that your initial complaint is that the Officer in Charge hasn't replied to your complaint.
I'd take this to the Tribunal if necessary.
Thought so
I think for the first couple of years i was there it was done manually.
Yeah - thought so,
Congratulations
Well done for persevering. It is too easy to accept "authority"
Good result all round if they volunteered compensation (tax free of course) on top