How to get emergency tax return?!?

Question

My fiancee was working at a caffee from December07 till March08. Even though she had a NI number she was paying 22% tax for all her wages. We want to get the tax back but :the employer doesn't provide us with P60 because, as they claim, she left before a tax year end.We will get only P45 in few days.We've called our local tax office but because of my fiancee's language barrier she understood only that she has to obtain some summary documents from her employer regarding the earned money(what about the payslips she has?). We don't know what to do and how to get the money back. Please help as we're tired of 3 months waiting for our employer to move their as*es, as they're very uncooperative or 20 minutes hold on call centers and then talk to incompetent agents who only care about lunch brake and friday night out.

Answer 1

P45 is all that is needed.  Just ring your tax office and ask them to send the relevant application form, complete it and send back with the P45 - job done!

Answer 2

she needs her P45

Answer 3

How long has she been in this country because if she is an immigrant you pay a higher amount of tax until you have been here for 2 years.

Answer 4

She would only get a P60 if she was still in the employment at the end of the tax year (5 April). If she left before then, she will get a P45.

If she is leaving the UK, she should complete a form P85 and send parts 2 & 3 of the P45 with it.

If she is staying in the UK, the send the P45 with a form P50 to confirm that she will not be working again in the UK for the rest of the tax year.

Answer 5

What was your fiancee doing from 6th April 2007 to when she started her job? If she was abroad, she will first need to download form P86 from www.hmrc/p86, or if she was in the UK, form P91 from hmrc/p91. The form needs to be completed, in the case of a form P91, back to 6th April 2007, and should probably be completed for the period after which she left work to 5th April 2008. HMRC will need to have a complete record of her employment history from 6th April 2007 to 5th April 2008.

Form P50 is no longer relevant, that is a form used for an in-year repayment, and we are now past the end of the tax year. Also you would need form P45 to go with it.

Form P45 is of equal legal standing to form P60. She wouldn't be entitled to form P60 as she was not in employment as at 5th April. Payslips are not legal documents, and are not acceptable for tax repayment purposes, although if employer is not complying with the law, they can be useful if HMRC has to do an investigation.

If form P45 does not come through, tax office can send employer form P43, but if he doesn't reply to that, there is nothing they can do, but wait for the information on his employer's return to filter through, and that can take months.

I guess your girlfriend may have come from abroad, and that is why employer deducted Basic Rate tax. Form P86 will determine her residency status, her right to a British Personal Tax Allowance, and if she is due a refund.

Answer 6

Jackie M is wrong: immigrants do NOT pay more tax in their first two years.

Follow the first answer, but you could short-circuit matters by printing off your own claim form P50 from the HMRC website http://www.hmrc.gov.uk/pdfs/p50.pdf.  Fill it in, and send it to the tax office named on the P45.  Can't remember if the tax office address is on the P45.  If not, ring any HMRC office and ask for the address.