What happens when your ex employer wont send u a P45?

Question

My last employment ended in Jan 2008, i wrote to my employer to request a P45 after i got my last wage and never received any payslips etc? Since then Inland Revenue have been involved but still nothing has happened. I have been told by citizens advice that i can not action it to court etc as there is no punishment. I need a tax refund of a lot of money but i cant get it without my P45. Any advice would be great ta

Answer 1

u can fill in a p46 with yr new employer.  then find out the address/tel no of yr last employers tax office ring them and explain. contact details can be found on the IR website.

Answer 2

You can't do anything.

get hold of the IR, send out a tax return and the IR will accept it.

Answer 3

The best bet is to phone them and talk to them about it.  Are you sure they "won't" sent it to you?  Maybe they just need reminding?

If you want to start a new job, you can complete a P46 instead.

Answer 4

If you have never receive wage slips or a P45 it looks dodgy; there could have been some sort some of tax evasion on the employer's behalf, Call HMRC fraud line on   0800 59 5000 and report this information to them, they will invesitgate. In your next job ask your employer for a P46 form which will allow you to declare it as your only job and establish your Tax Code.

Your employer should automatically give you a P45 when you stop working for them. If not, ask for it - you're entitled to it by law. They are also required to submitt Part 1 of the P45 to HMRC for inspection immedidately after you caese to be employed. If they are failing to do this they may well be audited and suffer the consequences of this. It may be worth calling HMRC so they are aware of your situation.

The Employment Rights Act 1996 section 8 states that your employer has to provide you with an itemised pay slip whether you request it or not, let HMRC know thi was not happening. There is only a penalty for the employer concerned if they are doing something dodgy

Answer 5

you just fill in a P46 at ur next job but not sure what u do about that

Answer 6

Telephone and tell them that you intend to name and shame and write a letter to your local paper. That'll soon get them moving.

Answer 7

The problem is that although there may be rules as to what an employer should do, there are no rules for enforcement. The best HMRC can do would be to do an investigation into your employer's affairs. Whether or not employer is charged penalties for non-compliance doesn't get you your form P45 or payslips.

In your situation, the first thing I would do would be to contact your tax office. Employer may have sent in Revenue copy of form P45. If so, you won't need your form P45 to get refund. Employer is also obliged to send information on employer's return to HMRC. Unfortunately, this takes a long time to filter through to your record, but you can always ask if this has been done yet. Tax office can send out form P36B or form P43 to employer if information not held, but if employer doesn't reply, there is no way of pressurizing to follow up.

Although form P46 will be done at your next job, this has nothing to do with your refund, it only notifies HMRC of whom is your employer, and where to send code number amendments.