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Paye tax help - should I pay it back

SashaDellaSashaDella Trusted RegularRegistered Posts: 362
Hello I was wondering if anyone could advise me on a query I have about my wage.

I handed in the correct information regarding my tax and should not be taxed. However they did not let
Hmrc know for a while, and carried on paying me without me being taxed. Now they are saying I owe money as they paid for my tax.

So I should get a refund from Hmrc, however I feel it was their mistake about the amount they paid me and i wanted to know if I legally had to pay it back?

Thanks for any help

Comments

  • coojeecoojee Experienced Mentor Registered Posts: 794
    When you say they, I assume you mean your employer?

    I'm not clear on why they've paid tax for you but not deducted it when you say that no tax is due. Am I reading it right, what you're saying is that:

    1. You don't earn enough money to pay any tax
    2. Your employer has paid you gross (ie they've not deducted any tax from your pay)
    3. For some bizarre reason your employer has paid over some tax to HMRC supposedly for you
    4. Your employer is now saying that they should have deducted it from your pay so they want it back from you.

    Is all that correct?

    Without knowing all the facts I'd say that first off you'd need corrected payslips that show the tax being deducted and then you've got proof of the tax that your employer is asking you to repay. Then you've also got the evidence you need to give to HMRC to make a claim for a refund of tax. As to whether you legally have to pay your employer back as it was their mistake in the first place, I don't know I'm afraid.
  • SashaDellaSashaDella Trusted Regular Registered Posts: 362
    Yes that's correct however they don't give me payslips, I have had my p60 back and it shows I have been taxed. They have messed it up for more than just me, I'm so annoyed !

    Thanks for your repsonse, I shall ask for more evidence that they paid it to them etc,. Don't know how they messed it up but it's really stupid!
  • coojeecoojee Experienced Mentor Registered Posts: 794
    It's a legal requirement to give out payslips on or before your pay day. It's all starting to sound more and more dodgy. So presumably your P60 doesn't agree to what you've actually been paid. I'd be inclined to tell them to stick it, if they can't abide by the law then you've no intention of paying them back.
  • SashaDellaSashaDella Trusted Regular Registered Posts: 362
    My p60 shows I have been taxed, so it is been done properly. Just that someone messed up somewhere and feels like I shouldn't be blamed!
  • MonsoonMonsoon Font Of All Knowledge FMAAT, AAT Licensed Accountant Posts: 4,071
    So have you paid too much tax on your P60?
    If so, you can get this back from HMRC.

    Or are your employers asking for money back?! I'm confused. If your employer used the wrong tax code that's their problem.
  • coojeecoojee Experienced Mentor Registered Posts: 794
    Monsoon wrote: »
    So have you paid too much tax on your P60?
    If so, you can get this back from HMRC.

    Or are your employers asking for money back?! I'm confused. If your employer used the wrong tax code that's their problem.

    I'm still not clear either. SashaDella you say that your P60 shows tax deducted so it's correct but what I'm asking is does the net pay figure on your P60 agree to the money you've received? If it does then the tax has been deducted from you and you don't need to repay your employer you just need to claim it back from HMRC. If you've been paid more than the net amount on your P60 and the difference is the tax then you haven't had the tax deducted- this is where I'm not sure whether you have to repay your employer as it was their mistake not to deduct it from you. As I said before payslips are a legal requirement and had you had them you would have had something to compare against now.
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