Company withholding my P45

[Shay HTFC]

I quit my job a few months ago, but as I hadn't stayed there for 2 years, I was required to pay back my starting bonus.

I've since agreed to pay back the monies in instalments, but the company are saying they will withhold my P45 until it has all been paid back. Can they do this? I need to show the P45 to the taxman in order to get some tax back for the time I have been out of work.

[Soovy]

Shay HTFC said:

I quit my job a few months ago, but as I hadn't stayed there for 2 years, I was required to pay back my starting bonus.

I've since agreed to pay back the monies in instalments, but the company are saying they will withhold my P45 until it has all been paid back. Can they do this? I need to show the P45 to the taxman in order to get some tax back for the time I have been out of work.

Well it certainly incentivises you to pay it. Seems a bit harsh, but they've ceratinly got you by the balls.


You know full well that once you've got your P45, you have zero incentive to pay them back, and that it will not be economical for them to sue you.

Borrow the money or something.

[Tumbler]

Was the bonus paid via PAYE, did you pay tax and NI on it?

[Shay HTFC]

Tumbler said:

Was the bonus paid via PAYE, did you pay tax and NI on it?

Yes.

[Tumbler]

If that is the case, they can't issue a P45 until you have repaid as they need to adjust the figure they submit.

[Number 7]

Shay HTFC said:

I quit my job a few months ago, but as I hadn't stayed there for 2 years, I was required to pay back my starting bonus.

I've since agreed to pay back the monies in instalments, but the company are saying they will withhold my P45 until it has all been paid back. Can they do this? I need to show the P45 to the taxman in order to get some tax back for the time I have been out of work.

Surely you don't need to show the actual P45 do you. Is it not just a case of adding up your salary slips for the period in question?
AFAIK you don't need to present one to your new employer either, although it makes things easier. They'll just put you on some sort of emergency code if not I think.

7.

[Shay HTFC]

Number 7 said:

Shay HTFC said:

I quit my job a few months ago, but as I hadn't stayed there for 2 years, I was required to pay back my starting bonus.

I've since agreed to pay back the monies in instalments, but the company are saying they will withhold my P45 until it has all been paid back. Can they do this? I need to show the P45 to the taxman in order to get some tax back for the time I have been out of work.

Surely you don't need to show the actual P45 do you. Is it not just a case of adding up your salary slips for the period in question?
AFAIK you don't need to present one to your new employer either, although it makes things easier. They'll just put you on some sort of emergency code if not I think.

7.

I've been doing some reading around the internet and it seems that it may be the case that I can just show all my salary slips individually. Hopefully that is the case.
As for starting a new job, I'm out in Vietnam right now, so got no issues with P46s and emergency codes etc for at least another 8 months.

[Vee]

Most emoployers would deduct anything owed out of your final salary payment.
Sounds like you've got lucky with them agreeing to installments.

[Jackleman]

Don't worry about it. I went from one job to another without my P45 because I had stupidly lost it. They just got the relevant details of HMRC. I would tell to stuff it if they want to play silly buggers with you.

[mad4amanda]

fill out a p46 form at your new employer; simples!

[Original Poster]

mad4amanda said:

fill out a p46 form at your new employer; simples!

You didn't read the OP did you?