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    Income Tax advice...

    If your boss deducts tax and NI from your wages but doesnt pay it to HMRC as an employee are you liable? Pay slips state wage deducted?

    6 Comments

    you are personally responsible for making sure your tax is paid,however if it shows as deducted on your wage slips and the amount is correct its hard to see what else you can be expected to do?

    so long as you have your proof that it is deducted from source (ie your payslips) then you have nothing to worry about - if you think that your employer is not paying it then you should contact your local tax office and enquire about it and they will investigate

    Original Poster

    sn0ttyang3l;7562874

    so long as you have your proof that it is deducted from source (ie your … so long as you have your proof that it is deducted from source (ie your payslips) then you have nothing to worry about - if you think that your employer is not paying it then you should contact your local tax office and enquire about it and they will investigate



    Thanks Barky and snottyang - its not me, its a friend. The employer already in trouble with tax man about other issues

    Employer has not made contributions
    A client may have an incomplete contribution record because her/his employer has not made contributions for a period, or they have been paid late. This may be because the employer has not deducted contributions from her/his pay, or because the employer has made deductions, but has not paid them to the HMRC. Depending on the circumstances of the late or non-payment, the client may be treated as if the contributions have been paid on the due date.
    If the client can show that s/he did not consent or collaborate with her/his employer over the late or non-payment, and that it is not due to any negligence on the client's part, s/he can be treated as if s/he had paid the contributions on time (endnote 1). It will help if the client has pay slips or other written evidence which show that deductions were made. Most clients are entitled to an itemised pay statement and can take action if employers fail to provide them. Other supporting evidence might include a witness, or a letter from the employer saying that tax and national insurance were being deducted. For example, the client may have been given a letter when s/he started work which stated what her/his net wages would be.
    More about the right to an itemised pay statement and what it should contain
    If HMRC finds that the client was paid cash in hand, it will be very difficult for the client to prove that s/he believed contributions were being deducted. All employees are entitled to itemised pay slips. HMRC is likely to treat the fact that the client did not get one or ask for one as evidence that s/he knew or suspected that contributions were not being paid.
    If HMRC believe that the client knew that the contributions were not being properly paid, it will insist that the client pays late contributions, and there is a risk of prosecution.
    If the client's employer told her/him that s/he was self-employed and therefore did not deduct Class 1 national insurance contributions, the situation will depend on what action the client took. If s/he was registered as self-employed with the National Insurance Contributions Office, s/he will be liable for Class 2 contributions. If s/he did not register as self-employed, s/he will be liable to pay late Class 1 contributions.

    HMRC make up rules as they go and are a bunch of &^*&^*((*((^^.

    Hopefully proof on a payslip would be counted, but having had an issue with them for the last 7 years and having them contradict themselves and had managers lie to get money their not owed to them I wouldn't trust them to give the time of day.

    Good luck.

    Original Poster

    Well he had a P60 last year now which states how much tax he paid last year too...he thinks tax may be being paid,(tax and NI DEFINTELY being deducted) but not entirely sure. Could report to HMRC but he dont want to lose his job
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