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PAYE Question

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    PAYE Question

    Not concerning me, but several others I am acquainted with..

    If you are 100% PAYE, pure employee, and after a period of time on checking your tax situation, you discover your past employer has never paid over your PAYE, and has gone bust, where does the tax liability land?

    These are for ILR applications for those on T1 and T2 General visas, garnering loads and loads of refusals, trying to assist, but I've no idea with whom the ultimate liability lands, thinking about it it must be the employee, it's their liability, the employer merely acting as collector, so in HMRC pursuing the errant tax, it must fall back on the employee if the collector hasn't performed?

    Am I right?

    #2
    God knows; too many unanswered questions.

    However, as long as the employee has only received their net pay, then the ex-employers are liable, and personally if they have deliberately defrauded HMRC.
    Blog? What blog...?

    Comment


      #3
      Originally posted by stek View Post
      Not concerning me, but several others I am acquainted with..

      If you are 100% PAYE, pure employee, and after a period of time on checking your tax situation, you discover your past employer has never paid over your PAYE, and has gone bust, where does the tax liability land?

      These are for ILR applications for those on T1 and T2 General visas, garnering loads and loads of refusals, trying to assist, but I've no idea with whom the ultimate liability lands, thinking about it it must be the employee, it's their liability, the employer merely acting as collector, so in HMRC pursuing the errant tax, it must fall back on the employee if the collector hasn't performed?

      Am I right?
      Interesting. The question I would ask is:

      Did the employer deduct at source and not pay HMRC, or did the employer not deduct at source?

      Comment


        #4
        Employer deducted at source, just normal like employment, 100% as most situations in UK. But didn't pay on to HMRC.

        And these are historic, pre-RTI...
        Last edited by stek; 7 May 2016, 21:53.

        Comment


          #5
          There's an old thread on UK Business Forums discussing similar - Boss didn't pay employee PAYE? | UK Business Forums

          The consensus there is that as long as the payslips / P60 show that the money was deducted from the employee, then they will be credited with the right amount and that HMRC might go after the employer / directors of that company.

          Comment


            #6
            Also from MSE - Employer not paying my tax - MoneySavingExpert.com Forums - says the same.

            The important bit is having that proof that deductions have been made - as long as you have that then that should be enough for HMRC.

            Comment


              #7
              Cheers chaps!

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