I have been on emergency tax for 10 months, who is negligent my employer or the tax office?
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I started working part-time last december and because I hadn't worked since 2004 I was told to fill in a P46 which I duly did and returned to head office. I have since found out that I am still on emergency tax and after speaking to my payroll department they asked my to complete another p46 as they had not received the first one, this I did only for them to lose that one as well. They finally have a completed p46 after I sent it AGAIN via recorded delivery. I have spoken to tax office and as far as they were concerned I was still registered at my last job so they were not aware of any new employment. The problem I have is my payroll department is saying a refund is nothing to do with them as they do not take the tax and the tax office is saying they can refund the last tax year if I send in my p60 but any refund for this tax year is due from my new employer. I have argued with my employer that how can the tax office be liable if they didn't even know I was working? I work hard and surely I deserve some common courtesy. Thanks in advance any advice would be gratefully received.
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Answer:
You have two tax years involved here. The British tax year goes from 6th April to 5th April. Now your employer has acknowledged form P46, he should operate code 603L, on a cumulative basis, because you were there before 06/04/08, and give you any refund due for the current tax year with your wages. Tax office can issue new code to employer if you request it, but they shouldn't have to. I assume you were on BR (Basic Rate) before? A week 1 basis emergency code should not be carried forward to another year after 5th April, the code should be budget-uprated on a cumulative basis. Your employer's return will have been sent in by May, and no refund for the year 2007/2008 can be made by him after the cut-off date of 5th April. Download form P91 from www.hmrc.gov.uk/p91, and complete back to 06/04/07 (show housewife/student/not working where appropriate). This can go to tax office with your form P60, and claim for any refund. Then tax office can transfer your record to new employer's reference if they haven't received form P46, and make your refund. Tax office staff have no way of knowing you have changed jobs unless someone tells them. That should be your employer. But it is difficult to prove his negligence if he claims no form P46 received. I would have wondered why he didn't follow up in the continued so-called absence of your form. I consider he should have prepared and sent tax office a form P46, even if you had not signed it, and he was using code BR.
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Other answers
the more emergency tax you pay, the more you get back when its sorted out.
WHO AM I?
The tax office cannot do anything without the P46. If your employer lost it, then they have delayed things so far. When the tax office deal with the P46 and your code changes, you will be due a repayment of your overpaid tax. Until their tax office issues the code, they have to deduct tax at basic rate (BR). :o)
Chapter 27
It's the tax office, it'll take over a year. My refund took over 2, keep phoning them until they sort it out.
kate
Your employer cannot make a tax refund unless the tax office authorises it. This will take time so all you can do is hassle the tax office and wait so keep phoning them and write to them as well as you may need evidence sometime
DIXIE
Both and also yourself , get on the phone to them and tell them you want it sorted out so you can get back any tax you have overpaid Follow up your phone call with a letter confirming what happened on the phone call Nothing happens unless you make it happen
Scobill
Send your P60 to the tax office to do your repayment for the tax year to 5 April 2008. State that you didn't have any other income until you started that job. Any refund due from the current tax year can be made by your employer with your wages, when they start using the correct tax code. They probably wont start using the correct tax code now until the tax office send them a coding notice. If you haven't already, tell the tax office where you work and when you started, and give them the PAYE reference (this will be on your P60, or ask your employer). Tell them the tax code your employer is using & ask for a new code to be issued. Ask them to do it asap as it is causing you financial hardship!
C R
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