P800 Tax Calculation help

[di30]

Re: P800 Tax Calculation help

Ju may pop by later so she can check the details you have said, but i will write this ready just in case anyway.
She did say on the letter she first sent them, she did also enclose the email from the employer confirming they sent it electronically, wonder if they missed that, or maybe that is why they have suggested they write to them perhaps?

Another thing I mentioned to her again was, because she used to be online and connected to the internet, if the employer had submitted an online P46, then surely they would have sent her this by email to complete and sign (if she did sign) of course, so I told her to check all her old emails on mine or her mum#s to see if they did do this, do you think they would have emailed her with a copy of the P46 by email is this is the case?

[SXGuy]

Re: P800 Tax Calculation help

May have done, may not have done.

The form it self is just kept by the employer, the actual online submission is done through the payroll software.

So they may have emailed her it and asked to sign and send back, or could have just grabbed her at work one day and said, oh sign this for me please.

Then again, may not have ever asked her to sign anything.

They may not even have the paper copy as like i say, its submitted online via payroll software. This is what we need to establish really.

If she has an A19 form she could just fill it out, doesnt have to be a letter, not sure how the form looks because ive never had to use one, but so long as all the info is there, then theres no reason why she cant use it.

[di30]

Re: P800 Tax Calculation help

She coming back sometime on weekend to put this together, and left some of the info here, this is the form to complete if she wishes.

[di30]

Re: P800 Tax Calculation help

I did ask first if she was willing for me to post up some of her stuff and she agreed, to make it easier (now that I have set the scanner back up).

[di30]

Re: P800 Tax Calculation help

P800 she received in November of underpayment and overpayment.

2008-09 and 2010-11

[di30]

Re: P800 Tax Calculation help

2008-09 P800 & 2010-11 P800

[SXGuy]

Re: P800 Tax Calculation help

Okie dokie. The reason why they decline ESC A19 is because they believe she signed the P46 and they never received her P45. They also say that they decline her under ESC A19 because they do not believe they failed to notice the underpayment in time, which is true.

But under ESC A19 the employer is responsible if they failed to correctly tax her due to incorrect P46 or P45 submission / details being used.

We are not arguing HMRC failure, but an employer failure, that needs to be clear.

She needs to write or telephone them, up to her.

She should say, that her P45 was given to her employer as soon as it was received from her previous employment and was notified recently that this was submitted online on xx/xx/xx

HMRC have recently confirmed in their letter that they received that no P45 was submitted but instead a P46 which they believe she signed and ticked box B.

She does not agree she owes the underpayment for the following reasons.

P45 was given to her employer which showed the correct tax code, ytd pay and tax deducted.
Her Employer failed to use this info and submitted a P46, ticked box B, and taxed her on a month 1 week 1 basis, without her knowledge and without having sight of a P46, nor signature.

Since her employer failed to use the details on her P45, submitted a P46 without her knoweledge or consent, this resulted in two tax allowances being used and caused an underpayment.

Therefore her employer is responsible for the underpayment as they failed to correctly use the information provided at the time.
She invites HMRC to ask her employer for a hard copy of the P46 which will show no signature.

She should scan and send copies of her P45 and email that confirmed it was submitted.


This should be all she needs to do, it cant be any clearer than that.

Feel free to re word it or whatever, but you get the gist.

[di30]

Re: P800 Tax Calculation help

Okie dokie. The reason why they decline ESC A19 is because they believe she signed the P46 and they never received her P45. They also say that they decline her under ESC A19 because they do not believe they failed to notice the underpayment in time, which is true.

But under ESC A19 the employer is responsible if they failed to correctly tax her due to incorrect P46 or P45 submission / details being used.

We are not arguing HMRC failure, but an employer failure, that needs to be clear.

She needs to write or telephone them, up to her.

She should say, that her P45 was given to her employer and was notified recently that this was submitted online on xx/xx/xx

HMRC have recently confirmed in their letter that they received submission of a P46 which they believe she signed and ticked box B.

She does not agree she owes the underpayment for the following reasons.

P45 was given to her employer which showed the correct tax code, ytd pay and tax deducted.
Her Employer failed to use this info and submitted a P46, ticked box B, and taxed her on a month 1 week 1 basis, without her knowledge and without having sight of a P46, nor signature.

Since her employer failed to use the details on her P45, submitted a P46 without her knoweledge or consent, this resulted in two tax allowances being used and caused an underpayment.

Therefore her employer is responsible for the underpayment as they failed to correctly use the information provided at the time.

She should scan and send copies of her P45 and email that confirmed it was submitted.


This should be all she needs to do, it cant be any clearer than that.

Feel free to re word it or whatever, but you get the gist.

Marvellous, thank you.
I personally believe it's down to her employer and not the HMRC.

I did not see the letter she sent back originally a month or so ago, but she did say she mentioned about the employer being at fault and enclosed the email, but it does seem to be that they do want the further proof as procedure, such as when (date), who etc.

I think she will be happy with what you have wrote (thank you). So I take it she can do so by writing on the above form as posted above?

Cheers so much.

[SXGuy]

Re: P800 Tax Calculation help

Yeah she can use that form, thats fine. just send copies of everything with it.

She will have to repay it until its sorted, that cant be helped, but if HMRC do their job properly and discover that her employer is at fault, they will re issue a new tax code and she will get a tax rebate of everything extra thats been paid.

[di30]

Re: P800 Tax Calculation help

Yeah she can use that form, thats fine. just send copies of everything with it.

She will have to repay it until its sorted, that cant be helped, but if HMRC do their job properly and discover that her employer is at fault, they will re issue a new tax code and she will get a tax rebate of everything extra thats been paid.

Thank you, I shall give her a hand later when she's here.

I also think the fact they said 2 years to repay, she won't hardly notice any difference at all . She did say she may offer to just send them a cheque for that amount, as its not a massive amount.

So this should happen from April 2013, I noticed on her letter for some reason they have put down deductions 2014-15, maybe just a mistake on that one, but that should not be a problem.

[SXGuy]

Re: P800 Tax Calculation help

Make sure she double checks her tax code come April 13, (if this isnt sorted by then) to make sure its deducting the underpayments. Sometimes HMRC are late sending them out to employers, and the later they take to arrive, the more that will be deducted on one particular payslip for the months prior to catch up.

[di30]

Re: P800 Tax Calculation help

Just to say thank you again, letter done and used your wording, she will be posting it tomorrow with the relevant information as stated. Cheers, will keep you posted.

[di30]

Re: P800 Tax Calculation help

"J" received an email from payroll from her mum's computer (she has already sent the letter to HMRC anyway as said above), but if you can remember she said she emailed employer/payroll for some details before we got on with this and it's only now she received it, not that it matters now really but they are saying they do not exactly have dates of when they sent them but HMRC can contact them for details...........etc.

"J" forwarded me this below from both employer and payroll.....


See email response below from payroll. Ask the HMRC to contact us directly to: xx xxxxxx xxxxxxxx xxxxxxxxx xxxxxxxxx


If you need anything else that I can help with let me know

Cheers


Kind Regards




Branch Manager -


Mob:
Email:

.................................................. ........................

From:
Sent: 04 January 2013 15:19
To:
Subject: RE: Information required please P45 and P46



Hi, I’m afraid these notification are sent weekly but there is no report where it shows the date each were sent.


However the HMRC can contact us directly as they do this regularly for us to confirm it was sent.

thanks.

[SXGuy]

Re: P800 Tax Calculation help

Some of it correct, some of it bollox.

Its true, their payroll software may not record "when" it was submitted, but would show it had been.

What will show when it was submitted, is the HMRC confirmation email, every employer / agent receives when an online submission is made.

HMRC do NOT contact anyone and "ask" if a submission was made, unless they are psychic, how would they know to ask? can they second guess where someone has switched employment to? i dont think so.

The only way you know if a submission was received, is from their confirmation email, and the only way HMRC knows someone has started work, is from the submission.

Tell her, to just let HMRC deal with it, they wont be able to talk bollox to them.

[di30]

Re: P800 Tax Calculation help

Thank you and yes did tell her, she called in this morning for a cuppa, and left with me a letter from the HMRC, if you can recall, she chased them up before receiving the letter with the form as posted earlier posts, and it does look like anyway they will be contacting the employer, they also said sorry for the delay in responding and they did previously send a letter to her (which is the one I posted for her as in earlier posts).
They said they cannot right now pay the overpayment on the earlier one until the matter is resolved, because if they cannot find the liability held with the employer it will still be her liability, which in this case they will then have to use the overpayment money for to help reduce the underpayment owing.

I shall scan it up later, "J" asked me to.