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bigduckontax, Accountant
Category: Tax
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I took on an apprentice from the local college in 2014. He

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I took on an apprentice from the local college in 2014. He is due to finish his apprenticeship and I have looked on the HMRC site at what I had to do to take on an employee and realized that we should have told them in 2014 that he was employed by me. He has been paid under the NI threshold and tax threshold for both the years he has been with me, and has been paid from my bank account to his. We told HMRC that we took him on this year as he will be eligible to pay NI. We have now received a tax code from them for him Tax Code BR. I have spoken to HMRC and they say my apprentice has to ring them and just say it's a new job. Clearly we can't ask him to do this. What are the consequences of coming clean with HMRC. I have made a mistake and would like to put this right.
Submitted: 1 year ago.
Category: Tax
Expert:  ben.jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  ben.jones replied 1 year ago.
Have you discussed any of this with your apprentice?
Customer: replied 1 year ago.
No, not at this moment.
Expert:  ben.jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  ben.jones replied 1 year ago.
I have looked into your query in more detail but unfortunately it is not something I can assist with as it really is more of a tax issue. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you
Expert:  bigduckontax replied 1 year ago.
Hello, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question. My solution from an employer's viewpoint would be to write a letter to the tax office issuing the code to the effect that it is a new job. You would write it in his name and then get him to sign it and you send it off for him; job done. It will be in his interest to comply as otherwise he will be over taxed. In my career I have had to do such things on numerous occasions. I do hope that I have shown you a way forward with your problem.
Customer: replied 1 year ago.
We thought we could do this but we would be asking an employee to be complicit in an error that we had originally made and wanted advice on how to correct it. If I had a tax inspection at some time in the future my apprentices wages are in the breakdown of expenses for tax years 13/14 and 14/15. Even though his income was well below the tax and ni threshholds, we have not acted in accordance to what we should have done and wanted advice on correcting the mistake I made and the possible consequences for me financially. .
Expert:  bigduckontax replied 1 year ago.
Not at all, as an employee he is entitled to a tax code which will reflect the correct position. In any event it will all come out in the wash when he comes to self assess at the end of the tax year. There has been no loss of revenue in this case. I think you are worrying too much. I cannot see any penalty being imposed. It would all be an exercise in financial futility.
bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3612
Experience: FCCA FCMA CGMA ACIS
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Expert:  bigduckontax replied 1 year ago.
Thank you for your support.

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