My employer didnt pay my tax

[suis]

hi all,
i am going to apply for settlement on march (HSMP + tier1) ,

but i have a issue on P60 in 2010,
basically i used to work for Software company for more than 2 yrs time,
but unfortunately company went for administration by 2009 December and we all made redundant,

so the problem having is that employer didn't pay my tax to HMRC, when i saw my P60 i noticed that they haven't been paid anything behalf of me, but i have collected all the payslips with that employer and they have deducted tax money from me,

could some one advice me in here ? will this going to effect to my PR ?


thanks

[senthilkm]

Don't worry you will be alright. It's the employers responsibility to pay the tax to HMRC that was deducted from your salary. Better to contact HMRC and get a written confirmation from them before applying.

[suis]

Don't worry you will be alright. It's the employers responsibility to pay the tax to HMRC that was deducted from your salary. Better to contact HMRC and get a written confirmation from them before applying.

thanks for the reply, i am not too sure what will be the re-action with HMRC in this case , not sure they might ask me to pay the tax again which my employer suppose to pay for them ? problem is my X employer doesn't exist now , they made everyone redundant ..

[cs95tdg]

The only way to find out where you stand is by contacting HMRC and explaining your situation.

[senthilkm]

I am 100% sure that it's employers responsibility to pay the deducted taxes and its an offence if they haven't done so. Don't worry and write the HMRC, tell them what has happened. HMRC can't ask you the money owed by the employer.
Note that p60's are not mandatory for Tier-1 & HSMP applications, however having a written confirmation from the HMRC will make your ILR application stronger. Probably we will wait and see what other senior members opinion in this forum.

[cs95tdg]

If you are not self-employed, yes your taxes should be deducted & paid by your employer via PAYE. This case is an unusal case where it appears that the employer deducted earnings as taxes and never paid them to HMRC, hence is not a situation that can be generalised and commented on. It would be extremely unfair if the employee now had to pay taxes which the former employer embezzlled. I suspect, showing the tax deductions mentioned on the corresponding payslips to HRMC will work in your favour.

But you need to contact HRMC to explain your cicumstances and see what they say.

[Kevin24]

HMRC will send you Yearly figures,they have in their system.. So you could check with the documents you have.

[suis]

HMRC will send you Yearly figures,they have in their system.. So you could check with the documents you have.

i already have received my 5 yrs tax summary report from them , but that also didn't included the tax i paid, basically that employer didn't pay any single penny or there was no record for that employer in 2010 .. so i didnt know what happen with that may be because of company gone for administration they didn't have to pay for it,

i will call HMRC tonight and update you all in here ..

[Digvijay]

Same thing happend with me , i am also trying to find some sort of advice what will happen when i will apply for my ilr i have all p60 and salary slips to proof that i have been paid in uk with my bank statements.

[Kevin24]

This may be the reason,as to why some PEOs insist on 5 year P60s OR UKBA check with HMRC. Some innocent ILR applicants are penalized, by the Home Office. Rogue Employers get away.

[mianrmm]

This is really common these days with the difficult financial times

There will be no effect on your application as its employer responsibility to pay HMRC and in case they default on it and went into administration , hmrc just become another claimant , so administrators will liquidate all assets of that company and pay all the claimants based on percentages this company is default off,

In case you have all of the salary slips with you , no one can challenge them if thy are original .

I have faced this in my extension case as my last employer went to administration without paying hmrc total of 3 months of payments .

Use your salary slips and bank statements , you should be ok

[go2khurram]

I echo mianrmm

[suis]

This is really common these days with the difficult financial times

There will be no effect on your application as its employer responsibility to pay HMRC and in case they default on it and went into administration , hmrc just become another claimant , so administrators will liquidate all assets of that company and pay all the claimants based on percentages this company is default off,

In case you have all of the salary slips with you , no one can challenge them if thy are original .

I have faced this in my extension case as my last employer went to administration without paying hmrc total of 3 months of payments .

Use your salary slips and bank statements , you should be ok

hi mianrmm,
i spoke to HMRC yesterdays night but ended up having no solution, what i will do now is walk in to local HMRC office and chat about this,
i have got all the payslips and bank statement to prove my evidence,


so "mianrmm" when did you face the similar situation like me ? was it by the time u apply for PR ?

[mianrmm]

This is really common these days with the difficult financial times

There will be no effect on your application as its employer responsibility to pay HMRC and in case they default on it and went into administration , hmrc just become another claimant , so administrators will liquidate all assets of that company and pay all the claimants based on percentages this company is default off,

In case you have all of the salary slips with you , no one can challenge them if thy are original .

I have faced this in my extension case as my last employer went to administration without paying hmrc total of 3 months of payments .

Use your salary slips and bank statements , you should be ok

hi mianrmm,
i spoke to HMRC yesterdays night but ended up having no solution, what i will do now is walk in to local HMRC office and chat about this,
i have got all the payslips and bank statement to prove my evidence,


so "mianrmm" when did you face the similar situation like me ? was it by the time u apply for PR ?

no i faced this in my extension application, only payslips and bank statements are more then enough to prove required point.

also i was on HSMP + tier 1 . so at no stage anyone asked me for p60s

not in extension application and not in ILR app.

[suis]

thanks for the advice mianrmm,
actually i had my second extension which was tier1 from hsmp on year 2010 march,
so i have supplied the sample pay slips that employer gave to me ,even though that employer didn't pay the tax that tax year or no record in employment history with HMRC i already got my tier 1 extension,... but that was past,

i hope this time it will be the same , in theory i should get my PR without any issues. in case they reject my PR cos i haven't paid my tax by 2010 , i already have proof , and more over UKBA can't reject, cos they already issued my tier1 visa on those pay slips ... i hope this will be a + point

[Digvijay]

So Far i have information when you go for extension ukba is not very concern about taxes and ni but while ilr they do all sort of checks with hmrc .

[suis]

So Far i have information when you go for extension ukba is not very concern about taxes and ni but while ilr they do all sort of checks with hmrc .

HI Digvijay,
my appointment is second week of march,
i will update here after my appointment .

[Digvijay]

Thanks suise ..will be waiting will give me more confident to apply for mine.

[Digvijay]

Hey Susi
Have you got your ilr ???

[Kevin24]

So Far i have information when you go for extension ukba is not very concern about taxes and ni but while ilr they do all sort of checks with hmrc .

HI Digvijay,
my appointment is second week of march,
i will update here after my appointment .

Hi! Suis. Wish you all the very best with your PEO appointment.Some times if CW might pass it through,if you have been an innocent victim ,as you have mentioned. Good Luck. Please post your experience.