P45

[Mr_love_monkey]

I've now been officially redundant now for a month, but not actually doing any work for the company for over 2 months now - I've recieved my final payment and so on - however I still haven't got my P45 - so should the happy day arrive that I get another job, I'd be stuck on emergency tax.. I've chased it up, but it's not really getting anywhere.... what I was wondering was there a maximum amount of time that an old employer can hold onto your P45 for, after which, by law, they must give it to you?

I've googled, but can't find anything...

Ta

[Paul]

Have you tried contacting your local tax office about it? It seems from the official inland revenue site that there is no stated maximum time they can hold the P45 for but it does state that the form should be sent off immediately.

Part 5 What to do when an employee leaves
Which forms you have to complete
Form P11

Enter the date of leaving in Box 1 on the page of the P11 that you are using.
Form P45

* Fill in a form P45
o even if the employee says they will not be working when they leave you
o for any employee leaving for whom you have completed a form P11, unless you have used the P11 to record only NICs or working tax credit.
* When filling in a form P45 make sure you use a four-part version, use CAPITALS and make sure all parts are legible.
* If you have been told to make Student Loan Deductions enter a 'Y' in Box 5 'Continue Student
Loan Deductions' of the form P45. However, if you have received a Stop notification for this employee do not enter 'Y' in the box.
* Give Parts 1A, 2 and 3 of form P45 to your employee when they leave.
* Send Part 1 to your Inland Revenue office immediately.

[Ramrod]

All I could find was this

Originally posted by Ian:
I've always undersood that on your leaving a job the employer has to send you or hand you your p45 a.s.a.p. is there any time limit to when a previous employer has to give you our p45. Is there a set time in law?


Not that I know of but if you're having difficulties, get down to your local citizens advice bureau and they maybe able to contact whoever has got your CV on behalf of you.

[Paul]

Just found this but it's 3 years old

Paragraph 297
We note that there is a change in the wording of the regulation which is not mentioned in the commentary but represents a change in the law which would alarm many employers: under the old regulation 23, the P45 must be issued “forthwithà¢Ã¢â€šÂ¬Ã‚Â�. Under the new draft regulation it must be issued on the date of termination. In practice, many employers, and particularly large employers, are unable to produce forms P45 on the date of termination, This may occur , for example, because it takes time to calculate the amount of salary due, especially where an individual has a more complex package or where information needs to be gathered from other offices of the organisation. In addition, for reasons of confidentiality, payroll offices are often not told about a termination until after it has occurred.

From http://www.tax.org.uk/showarticle.pl?id=1215

[etccarmageddon]

If you reach the end of the year and you've been over taxed, you can apply for tax refunds - so in the end you will get the money back if you end up out of pocket.

[Scarlett]

As far as I can see, there is no law to force an emloyer to hurry up giving you your P45. Usually it will come with your last wage slip.

I did find this

What is a P45, P46 and P91?

If you are leaving one job to start another it is important to get a P45 from your employer. This is a form that shows:
Your PAYE code
Your total earnings so far in the tax year
How much tax you have paid since the start of the tax year.
The pay and tax details for the employment just ended.

It is most important you are given a P45. If you do not get one, you may find you have to pay more tax in your new job until your correct PAYE code is confirmed.

A P45 is made up of 3 parts, you should keep Part 1A as a record of your pay and tax and hand the P45 Parts 2 and 3 to your new employer as soon as possible so the right amount of tax is taken from your pay.

If for some reason you don't have a P45 and are starting a new job, your new employer will give you a form P46 which you can sign. If you sign statement B on the form, a temporary PAYE code will be operated for you.

The Tax Office will then try to trace your previous employer so they can give you your proper code. If they can't, they will send you a form P91 asking you for details of your previous job(s). In the meantime, your new employer will continue to use the 'emergency code' for you.

If you go straight to a job when you leave school or college, your new employer will give you a form P46 that you can sign. You can then be given a PAYE code based on the personal allowance for people under 65. Your employer will use this code on your first payday and send the P46 to the Tax Office to let them know you have started work.

You should tell your employer your National Insurance (NI) number as soon as you start work or change jobs. You will also need to quote it whenever you get in touch with the Tax Office because they use it as a tax reference number. If you do not know your NI number, ask at any Department of Social Security Office.

from this site which kind of implies that there isn't much you can do about it.

The DTI contact page should have some useful numbers you can call. Certianly there is nothing that I could find on the site regarding P45's and how soon they should be provided.

Hope this helps

[Mr_love_monkey]

Originally Posted by etccarmageddon

If you reach the end of the year and you've been over taxed, you can apply for tax refunds - so in the end you will get the money back if you end up out of pocket.

True, and I do appreciate that, but why should I have to wait 10+ months for money that I've earnt, simply because my old employer is playing silly buggers?

[Paul]

Originally Posted by Mr_love_monkey

True, and I do appreciate that, but why should I have to wait 10+ months for money that I've earnt, simply because my old employer is playing silly buggers?

Contact your local Tax office and the CAB, tell them what has happened and ask why the employer still has your P45 after this ammount of time.

[ian@huth]

When you start with a new employer and haven't got a P45 the new employer should give you a P46 to complete. If you only tick statement B on that form then they will deduct tax on a week 1 or month 1 basis using the emergency tax code. For many people this will result in the same tax being taken per week / month as would be if the had produced a P46.

A couple of links worth looking at are:
http://www.hmrc.gov.uk/employers/taking_on.htm#4
http://www.paypershop.com/faq/taxmean.html

[sarah777]

Hello,

I was wondering if anyone can help me. I 2 am having a problem with my employer holding back my p45. They have basically told me that when I resigned that I had taken too much holiday (which i was forced to by my boss) and that I would have to pay the money back for those days and that untill Ive payed that I will not recieve my P45!!! can anyone tell me if this is legal?

Thanks

[TheDaddy]

Your employer should automatically give you a P45 once they have paid your final salary. If not, ask them for it youre entitled to it by law.

If your employer fails to give you a P45 after being asked to do so, you should contact your tax office as they may encourage your employer to issue a P45. If your employer cannot be persuaded , a new employer will ask you to complete a P46 form, which allows your new employer to deduct tax on an emergency code until the right amount of tax to be deducted is worked out.

http://www.myworksearch.co.uk/advice/p45.aspx