P800 Tax Calculation help

[di30]

Re: P800 Tax Calculation help

Another thought has come to me.

Shouldnt the HM customs PAYE as you EARN had the details though for them to have come across this underpayment? for eg, income details?
As her letter says they have no record of the information, where did this information come from they used?

Asking out of curiosity really, don't know how they work lol.

[di30]

Re: P800 Tax Calculation help

Not sure what HMRC will ask the employer, never had this issue myself.

But her employer should know, when it was sent in, what was sent, and who it was sent in by.

Thank you.

I told her if they say they will deal with it directly to HM customs, to say no because she requires the information to send herself and to sign the form.

She is hoping the payroll will email her and not do it by phone, so she can print and send the copy to attach as well as adding it in the form.

[SXGuy]

Re: P800 Tax Calculation help

Not sure what HMRC will ask the employer, never had this issue myself.

But her employer should know, when it was sent in, what was sent, and who it was sent in by.

[di30]

Re: P800 Tax Calculation help

On her letter, the questions asked are:

What information was provided?
When was it sent to us?
Who sent it?

With that then surely they should still hold the details on the database (payroll)?
And I assume they will go by the answers given by the employer to "J" to decide on the decision?

I also assume these would be the questions they would ask when they contact the employer themselves??

[di30]

Re: P800 Tax Calculation help

"J" forwarded me the email she received today, not a lot really but just to say they passed on to payroll and will contact when they hear.....


"Hope you had a good Christmas, I have sent this to our payroll department, I will forward the response on as soon as I have it"

Thanks

[di30]

Re: P800 Tax Calculation help

Did briefly speak to her, she not heard anything today, so in the new year now i expect.

[di30]

Re: P800 Tax Calculation help

Right, she told me she now emailed from her mum's puter, and received an automated message that they will be at office 24th (Monday) so tomorrow then, she will let me know from there when she hears.

I have also said about what you have said, so she said as soon as she has the date the works said they sent off P45 she will get on to it, and she did also say she cannot recall on signing anything with the agency, eg, the P46.
Will ask her again to join up on this site, once she has her own puter up and running again.

[di30]

Re: P800 Tax Calculation help

ok, forget for a moment what the employer done on the year end submission of a P14.

The fact is, she gave him a P45, he filled out a P46 and submitted the information, this has been confirmed by HMRC in their letter.

So, the employer is either lying, or HMRC are mistaken. Sounds to me like one of them are trying to accuse the other.

But, we can use HMRC's argument against them to recover the tax from the employer, let the employer argue it with HMRC

If the employer did not request your friend sign a P46 then the employer is responsible for the loss in tax. Its as simple as that.

HMRC can decide the employer is not at fault if their believe he made a "genuine Error or mistake" so we need to drum it home to HMRC that this wasnt possible.

If i remember rightly, she has an email from her employer stating the date the P45 was submitted, you now have evidence from HMRC a P46 was submitted instead.

She needs to tell HMRC, i gave my employer a P45, ive now discovered from your letter, he submitted a P46, for which i was never asked to complete nor sign.

Because a P46 was submitted instead of my P45 part 3, the employer is liable for the underpayment of tax.

Thanks.

Yes she emailed from her mum's and they confirmed they did sent it electronically, infact she did send the copy of email to me......

Yes all submissions to HMRC (P45's) are done electronically of receiving the copy.

Should you need any further assistance please do not hesitate to contact us.

[SXGuy]

Re: P800 Tax Calculation help

ok, forget for a moment what the employer done on the year end submission of a P14.

The fact is, she gave him a P45, he filled out a P46 and submitted the information, this has been confirmed by HMRC in their letter.

So, the employer is either lying, or HMRC are mistaken. Sounds to me like one of them are trying to accuse the other.

But, we can use HMRC's argument against them to recover the tax from the employer, let the employer argue it with HMRC

If the employer did not request your friend sign a P46 then the employer is responsible for the loss in tax. Its as simple as that.

HMRC can decide the employer is not at fault if their believe he made a "genuine Error or mistake" so we need to drum it home to HMRC that this wasnt possible.

If i remember rightly, she has an email from her employer stating the date the P45 was submitted, you now have evidence from HMRC a P46 was submitted instead.

She needs to tell HMRC, i gave my employer a P45, ive now discovered from your letter, he submitted a P46, for which i was never asked to complete nor sign.

Because a P46 was submitted instead of my P45 part 3, the employer is liable for the underpayment of tax.

[di30]

Re: P800 Tax Calculation help

However she decides to respond, she needs to make sure she didnt sign a P46, and explain to HMRC this was filled and filed on her behalf without her knowledge, because as far as she was aware, her new employer had her P45.

The P46 that was submitted is correct if they had no P45, but the fact is they did have one, and didnt use it.

I dont see any point in asking for a copy of the P46, as if its submitted online there wouldnt be a signature anyway, its simply the bit of paper she would sign and hand back that would.

Just make sure she drums in to them that she didnt sign a P46, was never asked about her employment status, and had given the P45 to her new employer to use from the start.

Being that her new employer made incorrect deductions and ignored the correct figures, tax code to use, its an error of their part and should be paid by them.

Thank you SxGuy

Yes that's the point.
I note though their letter says signed, so wouldnt a signature have been required on the P46?

So what she does need to know really, as the HMRC state they have no record of any information, she needs to find out what information was provided, dates and who sent it.

I take it that would have to be the P45, because what other information could she provide to prove it was or supposed to have been dealt by the employer?
They already state that the end of year and tax details sent to them by employer is not classed as information for the purposes of ESC A19.

Cheers.

[SXGuy]

Re: P800 Tax Calculation help

However she decides to respond, she needs to make sure she didnt sign a P46, and explain to HMRC this was filled and filed on her behalf without her knowledge, because as far as she was aware, her new employer had her P45.

The P46 that was submitted is correct if they had no P45, but the fact is they did have one, and didnt use it.

I dont see any point in asking for a copy of the P46, as if its submitted online there wouldnt be a signature anyway, its simply the bit of paper she would sign and hand back that would.

Just make sure she drums in to them that she didnt sign a P46, was never asked about her employment status, and had given the P45 to her new employer to use from the start.

Being that her new employer made incorrect deductions and ignored the correct figures, tax code to use, its an error of their part and should be paid by them.

[di30]

Re: P800 Tax Calculation help

As said in an earlier post, she works as an agency worker, but its long term and full time.

Below, I think I posted here a little time ago as well about the benefits which would therefore pay less tax.......

Write up here from her recruitment agency.......

Under the scheme your net 'take home' pay is increased. This is achieved by you agreeing to give up an element of your gross taxable pay in return for tax free allowances relating to the travel and subsistence expenses you incur in travelling and undertaking work at a series of temporary workplaces, providing the assignments you undertake are not expected to last for the whole of your employment with us or for a period of two years or more.

"I dont think the above travel scheme would apply when coming to think of it, because the issue as we know is about the information of P45 of not receiving the information"

I have spoken to her and mentioned all the info as above, although I believe she has broken up for xmas now, but i said maybe the actual recruitment agency dept wiill be open Monday eve for a short time.

[di30]

Re: P800 Tax Calculation help

You can phone or write and say that you do not agree with the decision, with arguments and ask for it to be reviewed. When this is rejected you ask for a higher review with the same information etc. Then you make a complaint about their decision an treatment of you and make a complaint about the complaint!

She needs to quote te esc 19 and say that as a tax payer knowing that all the information had been passed on to her eloyers and then on to tax man believed that the code was correct. If codes have changed this adds to the argument, also the fact that she has copies of all communications and can supply them to inland revenue if it would help them!

Brill thank you Cym. x

[cymruambyth]

Re: P800 Tax Calculation help

You can phone or write and say that you do not agree with the decision, with arguments and ask for it to be reviewed. When this is rejected you ask for a higher review with the same information etc. Then you make a complaint about their decision an treatment of you and make a complaint about the complaint!

She needs to quote te esc 19 and say that as a tax payer knowing that all the information had been passed on to her employers and then on to tax man believed that the code was correct. If codes have changed this adds to the argument, also the fact that she has copies of all communications and can supply them to inland revenue if it would help them!

[di30]

Re: P800 Tax Calculation help

Your friend needs 2 reviews followed by 2 complaints and then she can go to the adjudicator.v

Cheers Cym.
There is a form attached at the back if she does agree to complete with the information, so I take it, that is the one?? x