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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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, i am not sure about legal problems associated with receiving

Resolved Question:

Hi,
i am not sure about legal problems associated with receiving money cash in hand in any employment.
My partner has been working for a local business, which pays him salary cash in hand. i know that it is illegal on employers behalf for tax evasion but i am not sure if it is considered as illegal on employee's behalf?
He is not well educated and not aware of these issues much, i want to suggest him if he is potentially at risk of getting into legal troubles
His Details:
Male.
age: 32
annual income: £9250
No contract, no fixed hrs (mostly more than 36 per week)
receives monthly or weekly sometimes cash in hand.
will it be considered as criminal offence to receive money cash in hand for above annual income?
If his employer do not pay tax, do he need to pay tax and NI for himself for the income he is currently receiving? If so how can he do it?
Many Thanks
Aj
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

Would I be correct to assume that the individual does not presently submit a tax return to HMRC please from what you say?

Customer:

YES he has not presented any tax returns yet. But he only joined this employment last week 2/04/2014 and the annual income figure provided is based on what pay been told by his employer and the money he received last week.

Joshua :

Thanks

Joshua :

There is nothing illegal in your partner accepting wages as cash in hand though it may not be lawful for his employer to pay him in this way.

Joshua :

However he is entitled to receive a payslip which details the tax taken and NI payments made on his behalf. It is unlawful for his employer not to provide him with this becasue without it he does not know if his employer is paying tax on his behlf or if he is being paid gross (i.e. no tax deducted).

Joshua :

If your partner is not an employee but rather is self employed then the position is different but I understand from what you say above that he is not self employed but is rather an employee of his employer.

Customer:

Thank you very much

Joshua :

If he is employed and he has not been given a pay slip detailing the above information the first thing he should consider is asking his employer for one. If his employer refuses, then your partner may need to consider whether to report the issue to HMRC and pay tax on the income he has received. If he earns more than the £10,600 allowance then he may have to pay income tax on the money he earns in order to not be potentially evading tax and also to ensure he receives the NI contributions from his employer.

Joshua :

HMRC will pursue the employer in this respect and credit him with the NI payments due if he reports the matter to HMRC though of course your partner will inevitably have to consider the impact on his employment in reporting the employer because it could result in the employer being prosecuted and his business being jepardised.

Joshua :

If your partner decides to report the issue, he can do so using the following link:
https://www.gov.uk/report-cash-in-hand-pay

Joshua :

Has the above answered your questions satisfactorily?

Customer:

Yes indeed, Many Thanks for the help provided.

Joshua :

A pleasure. If I can assist any further as the situation develops

please do not hesitate to revert to me

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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