P45

Author
Discussion

Rach*

Original Poster:

8,824 posts

231 months

Wednesday 6th May 2009
quotequote all
When you leave a job, do they have to provide your P45 within a reasonable amount of time? What would be a reasonable amount of time? And what can you do if you haven't received it?

Thank you smile

edc

9,435 posts

266 months

Wednesday 6th May 2009
quotequote all
Should send 'as sson as possible after last pay date'. What can you do? Fill in a P46?

Tuscanless Ali

2,187 posts

224 months

Wednesday 6th May 2009
quotequote all
If you left your previous job before 5th April it is irrelevant for your new job.




Rach*

Original Poster:

8,824 posts

231 months

Wednesday 6th May 2009
quotequote all
I'm self employed now so it's needed to work out my entitlements or something for this tax return.

Apparently they're only valid for 3 months so they're sending me a statement of earnings within 10 days

Eric Mc

123,928 posts

280 months

Thursday 7th May 2009
quotequote all
Rach* said:
I'm self employed now so it's needed to work out my entitlements or something for this tax return.

Apparently they're only valid for 3 months so they're sending me a statement of earnings within 10 days
They are legally onliged to provide you with a P45. As you are now self-employed, the P45 is the legal back up evidence for the "Employment" and "Tax Deducted" figures you will need to enter on the "Employment Pages" of the 2008/09 Self Assessment tax return.

Rach*

Original Poster:

8,824 posts

231 months

Thursday 7th May 2009
quotequote all
Is it true that it would only be valid for 3 months? They're saying they can't give me a P45 now, just a statement of earnings.

I left in October (RAF) despite me filling in the mountains of paperwork to leave they still had me down as living in the barracks! They are notorious for not sending out P45's and I still haven't received my Testamonial of Service.

Thanks Eric smile

Eric Mc

123,928 posts

280 months

Thursday 7th May 2009
quotequote all
Rach* said:
Is it true that it would only be valid for 3 months? They're saying they can't give me a P45 now, just a statement of earnings.

I left in October (RAF) despite me filling in the mountains of paperwork to leave they still had me down as living in the barracks! They are notorious for not sending out P45's and I still haven't received my Testamonial of Service.

Thanks Eric smile
Sounds rubbish to me.

They were obliged to create a P45 when you left. They are supposed to notify HMRC that you have left as well - and they do this by forwarding the top copy of the four page Paper P45 directly to their PAYE tax office.
If they are notifying HMRC electronically (which is now possible), they are STILL legally obliged to forward you a paper copy of the P45 because you are suypposed to pass this on to your new employer - if taking up an "employment".

In your case, it may be rather academic but they should have notified HMRC somehow that you had left their employment.
When you are completing the Self Assessment tax return you will need information that is normally contained on the P45 -


i) Gross Salary up to date of leaving
ii) Tax Paid up to date of leaving
iii) tax office number and reference of their PAYE tax dustrict
iv) PAYE Coding in operation at the date of leaving

If they are only going to give you some sort of "pseudo P45" instead of a real one, make sure it contains this information.

Rach*

Original Poster:

8,824 posts

231 months

Thursday 7th May 2009
quotequote all
Thanks Eric, when it arrives I'll check those things. smile

Dixie68

3,091 posts

202 months

Friday 8th May 2009
quotequote all
Rach* said:
I left in October (RAF) despite me filling in the mountains of paperwork to leave they still had me down as living in the barracks! They are notorious for not sending out P45's and I still haven't received my Testamonial of Service.
Does make you wonder what the PSF clerks actually do for their pay doesn't it? It took me over 6 months to get a Testimonial from the RAF when I left a couple of years ago - and that was after 15 years of service. I had to write and telephone everyone from my immediate boss to the Station Commander before anything was done. And even then, when it did turn up, it looked like a 12-year old had knocked it up on Word.
As for the P45, I never got one at all.

Rach*

Original Poster:

8,824 posts

231 months

Friday 8th May 2009
quotequote all
It's rubbish isn't it. I did 9 years and my boss (who had done 5) declined my application for resettlement courses because I'd been on holiday.

PSF were meant to call me back yesterday, nada. A month ago my testamonial was with the Stn Cmdr and would be with me in a few days rolleyes

I'm so glad I'm out, I feel valued at work now biggrin

edc

9,435 posts

266 months

Friday 8th May 2009
quotequote all
I believe that if the P45 has already been printed and issued (but maybe lost or mis-filed) then the employer cannot re-print and re-issue.

Eric Mc

123,928 posts

280 months

Friday 8th May 2009
quotequote all
edc said:
I believe that if the P45 has already been printed and issued (but maybe lost or mis-filed) then the employer cannot re-print and re-issue.
They can provide a "copy" as long as it is marked "copy" or "duplicate" and cannot be mistaken for the original.

Of more importance is that they have fulfilled their legal duty and notified HMRC that the employee has left the employment.

Electron

605 posts

234 months

Monday 11th May 2009
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Just been through this loop and found out some interesting twists.

I was issued with a P45 with no Final Salary or Final Tax for the 11 months I worked in the Tax Year. I have to confess I was surprised and thought this was an error ...

The large corporation I worked for had fed HMRC the Final Salary and Final Tax but it was definately not on the P45 I forwarded to my new employer. I did however have a "Month 1" Tax code -for the 12th month of the Tax Year.

I asked to have the P45 reissued ..

"By law we are not allowed to issue any copies including scanned copies...."

Make a correction to an already issued P45 ?

"Sorry we are not allowed by law to issue replacements either, the only thing I can do is send you a letter confirming what was on your P45, do you want me to do this?

If you're new employer haven't received your P45 then they should ask you to complete a P46 form. This will then be sent to the HMRC who in turn supply them with your correct tax code."

Curiously my new employer rang up the Inland Revenue and they confirmed all of the above and that everything is in order and my nearly blank P45 is OK !

I do however have a nice note from our VP HR in the US (we're an IT startup) confirming he'll pay up if it all goes horribly wrong :-)

Comments anyone ?!

Eric Mc

123,928 posts

280 months

Tuesday 12th May 2009
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A blank P45 could cause you terrible problems. It is grossly negligent of an employer to issue one if it not correct to do so.

If you are a basic rate tax payer, it won't cause a major issue as the P46 will ensure that your correct PAYE Coding is properly allocated to your new job. However, if you are a higher rate tax payer, the actual calculation of your tax may be incorrect as you will not have been able to pass on to your new employer the details of how much you have already been paid in the tax year nor can you tell the new employer how much tax has already been deducted before you started your new job.

In these circumstances, you may need to submit a tax form AFTER the tax year end to sort out the situation.

Once you are into a new tax year, the situation will sort itself out FOR THE NEWE YEAR.

Electron

605 posts

234 months

Tuesday 12th May 2009
quotequote all

FYI a P45 with no salary to date or tax is perfectly OK with HMRC as long as the employer has submitted both bits of data to them separately .... in my case over the wire.

If your old employer doesn't give you a P45 talk to your Tax Office and confirm with them but it seems it is OK to just do the P46 with the new employer ....

Also to be fair my Tax Office were brilliant in explaining ... with hindsight I'd have started there in the first place ...


Blue160

272 posts

218 months

Tuesday 12th May 2009
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Eric Mc said:
They are legally onliged to provide you with a P45. As you are now self-employed, the P45 is the legal back up evidence for the "Employment" and "Tax Deducted" figures you will need to enter on the "Employment Pages" of the 2008/09 Self Assessment tax return.
That would be the P60 wouldn't it?

Eric Mc

123,928 posts

280 months

Tuesday 12th May 2009
quotequote all
Not if you had left the employment part way through the year. You are not automatically entitled to a P60 if you wern't employed at 5 April - although if you ask your former employer for one he is obliged to give it to you.

Blue160

272 posts

218 months

Wednesday 13th May 2009
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I stand corrected smile

Eric Mc

123,928 posts

280 months

Wednesday 13th May 2009
quotequote all
The obligation to get a P60 to an employee ends if the employee is not in your employment at 5 April. Imagine the problems employers would have if they had to track down every single departed employee in order to deliver their P60.

This was clarified by HMRC with the introduction of Self Assessment back in 1995/96.

stevie99s

187 posts

203 months

Friday 15th May 2009
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im afraid im in the same boat atm, left RAF in january and still havent recieved P45, absalute joke.