P45 question

Tom L · 13 Jul 2009 at 17:23

Been waiting for my P45 from previous employer for a month and a half now. Emailed them a week ago and still no response about what is happening. Is there a point where it becomes illegal to hold back such documentation i.e. can I take it further?

RavenLunatic · 13 Jul 2009 at 18:12

Don't think its illegal but it would be rubbish to be on an emergency tax code for that long just because on old employer was dragging their feet. If it was me I would get on the phone to them rather then using e-mail.

tres · 13 Jul 2009 at 23:26

Write a letter to your previous employer, send by registered mail.

Clearly write on the letter that a CC is also being sent to HMRC / Inland Revenue.

Usually this will spur most lazy employers on.
It spurs me on when I get them!

If not, contact your local tax office, who will send them a form requesting the figures, and then they'll be able to issue a P6(t) to your new employer with previous to date figures on, and your correct tax code

Tom L · 14 Jul 2009 at 11:42

Eventually had this reply from them:

"I got the figures from PG yesterday with regard to your final salary for May 09 and the overpayment that Interdirect has made to you.

You were entitled to 8 days holiday which you accured from January to May 2009, added to this is the 1.5 days that you brought forward from 2008 giving you a total of 9.50 days.

You took 12 days holiday up to the date you left which means we overpaid you by 2.5 days which equates to an overpayment of 198.53 net (288.45 gross).

If you could let me know that you agree with these figures and send either a cheque or bank transfer then I can get PG to amend your May 2009 payslip and issue the p45 with the correct figure."

I have asked for full proof of my holiday entitlement and the days I had off before I will commit to these figures. Do I have no leg to stand on in terms of not getting my P45 back until I make this payment to them?

tres · 14 Jul 2009 at 11:48

Don't pay them, stay on emergency tax. It's not a huge amount anyway over the norm, especially if you're a low earner

Tom L · 14 Jul 2009 at 11:56

Tres, would you mind me emailing you to ask some further questions? You seem to know a bit!

Teknobry · 14 Jul 2009 at 12:11

You don't need a p45. Ask your current employer for a p46. Once that has been filled in and sent to the tax office you should be back on the right tax code.
Once you have your payslip with the correct tax code you can ring up inland revenue and get a rebate on the emergency tax you paid.

Tom L · 14 Jul 2009 at 12:27

awesome, thanks.

Have my previous employer got any ground or rights to force me to pay this sum I apparently owe them? I'm not convinced by it.

antijoke · 14 Jul 2009 at 12:28

Tom L said:
awesome, thanks.

Have my previous employer got any ground or rights to force me to pay this sum I apparently owe them? I'm not convinced by it.

Well it depends how much holiday you actually took. As normally it's worked out on you being there the whole year and if you leave then if you have taken more then it's normally deducted from your final wage, and if you are owed holiday for the time worked it's paid to you.

mrk · 14 Jul 2009 at 12:31

Well, least they didn't (or won't) spell your name completely different

Apparently I am "Robert".

tres · 14 Jul 2009 at 12:51

Tom L said:
Tres, would you mind me emailing you to ask some further questions? You seem to know a bit!

Of course, email in trust

Teknobry said:
You don't need a p45. Ask your current employer for a p46. Once that has been filled in and sent to the tax office you should be back on the right tax code.
Once you have your payslip with the correct tax code you can ring up inland revenue and get a rebate on the emergency tax you paid.

Unfortunately not quite right - a P46 would tell your employer you've had another job, and would be put on an emergency tax code.
This would then be sent to HMRC, but without the P45 from the previous employer, HMRC has no idea what your previous earnings are.. and usually need them for entering in the new employers system.

They theoretically could put you on a regular 647L tax code, but then this would mean doing a tax rebate/recalculation at the end of the year, and they don't like doing this - they'd much rather wait for the P45 from your previous.

Teknobry · 14 Jul 2009 at 18:08

tres said:
Unfortunately not quite right - a P46 would tell your employer you've had another job, and would be put on an emergency tax code.
This would then be sent to HMRC, but without the P45 from the previous employer, HMRC has no idea what your previous earnings are.. and usually need them for entering in the new employers system.

They theoretically could put you on a regular 647L tax code, but then this would mean doing a tax rebate/recalculation at the end of the year, and they don't like doing this - they'd much rather wait for the P45 from your previous.

I had a similar situation where for whatever reason (can't remember now) I didn't have my p45 when I started my next job. Filled out details for a P46 and once that was processed I was back on a normal tax code. I phoned up the tax office and was able to get a rebate that was paid back to me through PAYE, as it showed up on my payslip the following month.

I assumed that was standard practice. Especially as earnings would show that I was well below the 40% bracket.