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bigduckontax
bigduckontax, Accountant
Category: Tax
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Experience:  FCCA FCMA CGMA ACIS
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I didnt get payslip every month only when I asked them and

Customer Question

I didnt get payslip every month only when I asked them and what u have sent to me I didnt pay that much so how can I pay to bring my tax up to date,I dont have my p45 my exployee still has it so I am unable to pay anything ,who should pay the difference.My new employee said that my exemployer has broken the law by what she has done How do I get hold of the right people to ring or go online Gwen
Submitted: 3 years ago.
Category: Tax
Expert:  bigduckontax replied 3 years ago.
Hello Gwen, I'm Keith and happy to help you with your question.

I am a trifle confused. Any employer must register for PAYE and these days file on line in real time. P45s also go through this process. There is indeed a legal requirement for all payments for employees to be supported by a document showing what has been paid and appropriate deductions. That, of course, is the pay slip.

Your new employer will take the following action on taking you on. They will use the on line form P45 to create your pay record with them. In the absence of a P45 they will require you to complete a Starter Check List. From this HMRC can determine a code number to operate against your new pay account and in the meantime your new employer will use 100L on a temporary basis.

Here is the HMRC guidance on this matter:

'Completing a Starter Checklist if you've lost your P45

If you've lost your P45, you won't be able to get a replacement. Your new employer may give you a Starter Checklist to complete or ask you for relevant information to pass on to HMRC so that they can give you a tax code for your new employment.'

In the event of finding that your previous employer made errors HMRC will correct these and recover unpaid tax through a new code on a month one basis.

As a result of all this your tax office may change. You will find your new tax office on your new notice of coding in due course; otherwise your new employer will be able to advise you anyway. By this time HMRC will be aware of discrepancies a viz a viz your last employer and will presumably raise queries with them.

Don't worry Gwen, it really is a 'No panic' situation and all will come out in the wash in due course. In the longer term though watch out for NI contributions. If your last employer has managed to bog that side up too you may have a truncated record for the period of your previous employment. This can impact on your benefits both in the long and short term. However, if you do have a shortfall the relevant office will advise you of the shortfall at the end of the tax year and you can organise repayment and also comment on your previous employer's antics at the same time.

I do hope I have managed to put your mind at rest on this one. I agree it is a pest when one is messed around in this manner.

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