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HI,
ILR application has been refused please can I have a advise on this? as I have been given the appeal right
I used the premier service and submit my application on 10 year basis.ECO hold the application for 7 weeks.
Got the tier 1 in 2011 generated income from 2 employment £55000 one of the company didnot pay my tax
when HO confirmed with HMRC.. I have the pay slips NI and tax deducted on the pay slips and have the salary certificate from the company but I dont have p45/p60.
I have seen several solicitors some says I need to pay the tax again but others say thats the companies responsibility. I dont know what to do?
I have 2 kids born in this country elder one is 4y old.
Thanks

I am very sorry to hear this, it is very unfortunate.

How long you were with that company ?

Is that company still operating ?

Why did't they give you p60 at the end of year or p45 when you left a work ? Did u ask for it ?

Which peo u went to and did they ask you to fill any employments form ?

hi,
my advice is get employment history from HMRC and check whether it is updated or not.
best thing would be clear tax and apply again or go for AR.

thanks.

Mohsin sorry to hear that.

Unfortunately nothing much you can do about this. There is a similar case on the forum where employer failed to pay tax of employee.

Same advice as given to other one :: Gather your P45, P60, Payslips, Contract and any other letters you have from the company and use them as evidence in court. HMRC wont update it as they are losing revenue.

Mohsin,

Didn't you asked your employer for P60 when you were working with them and P45 (assuming you left that employment)?

This is 3rd or 4th case like this we are reading about. Might need to be highlighted more and everyone need to cross check their payslips with the P60s every year.

Cheers
R

Thanks to all looking at this!
Yes I left the company in 2011 worked for them about 9 months because they hold my pay for about 2 months thats why I had a dispute with them and the payment still outstanding.now I have notice company has been dissolved but I am trying to approach them to get at least copy of p45 or p60... does anyone know it can be provided by the employer? even company not in operation any more..if the company commit to provide these before the hearing date? and If I provide all the evidences to HMRC will they update the record? what would be the chances of success?

Just to include that I went to Sheffield and yes I filled the employment form .

Mohsin09 wrote:if the company commit to provide these before the hearing date? and If I provide all the evidences to HMRC will they update the record?

Highly unlikely if the employer no longer exists (insolvency). How will HMRC know that the source of "evidences" is the erstwhile employer and not a dodgy individual? It is extremely likely that HMRC will not do anything on your behest.

Mohsin09 wrote:what would be the chances of success?

Depends on the arguments presented at the appeal, evidences presented and the judge's interpretation of the law.

nethu82 wrote:hi,
my advice is get employment history from HMRC and check whether it is updated or not.
best thing would be clear tax and apply again or go for AR.

thanks.

thank you...HO already confirmed with HMRC they dont have employment history for that company and I have paid the tax once and the calculation of tax deduction clearly mentioned on the payslips and net income transferred into my bank account as evidence. why should I pay the tax again?

Mohsin,

You have a very valid point that why should you pay again. Employer was holding funds for HMRC and it was them who absconded with the funds.
You have got Payslips and Bank statements showing transfer of Funds from that Employer to your bank account, which would help. Unfortunately you don't have a P45. You have to go to Court against that employer, HMRC wont be able to help you in this situation.

There is a TaxAid charity that might help you. I believe Forum rules prohibit sharing links and contacts, so you will have to google them.

Best of luck Mate.
Cheers
R

RRSB2012 wrote:Mohsin,

You have a very valid point that why should you pay again. Employer was holding funds for HMRC and it was them who absconded with the funds.
You have got Payslips and Bank statements showing transfer of Funds from that Employer to your bank account, which would help. Unfortunately you don't have a P45. You have to go to Court against that employer, HMRC wont be able to help you in this situation.

There is a TaxAid charity that might help you. I believe Forum rules prohibit sharing links and contacts, so you will have to google them.

Best of luck Mate.
Cheers
R

No problem in posting links to non-profit organisations which provide relevant information. In fact, I recently posted the following link in a thread where the OP has a similar issue.
http://taxaid.org.uk/guides/taxpayers/t ... -employers

In particular note:
"It is essential to have evidence of your employment. The basic requirement is that you have payslips for each payday showing tax and National Insurance deductions.
In addition, you should have a P60 form at the end of each tax year and a P45 form from the employer if you change jobs.
If you do not have this evidence, you could find that HMRC treat you as self-employed and expect you to pay any tax due. Alternatively, even if it is agreed that you are an employee, you could find that HMRC considers you liable for tax which should have been deducted, or does not give you credit for tax deducted, if you cannot prove it."

Casa,
Thanks for a great post

Mohsin,
do you have an idea how much is the amount of Tax that needs to be paid?

RRSB2012 wrote:Mohsin,

You have a very valid point that why should you pay again. Employer was holding funds for HMRC and it was them who absconded with the funds.
You have got Payslips and Bank statements showing transfer of Funds from that Employer to your bank account, which would help. Unfortunately you don't have a P45. You have to go to Court against that employer, HMRC wont be able to help you in this situation.

There is a TaxAid charity that might help you. I believe Forum rules prohibit sharing links and contacts, so you will have to google them.

Best of luck Mate.
Cheers
R

Yes thats right now I will be finding the legal advice against those people or company because I am in the situation I didnt know how people play with the tax and Thank you I just had a quick look at the TaxAid website its look quite useful.

RRSB2012 wrote:Casa,
Thanks for a great post

Mohsin,
do you have an idea how much is the amount of Tax that needs to be paid?

Not sure to be honest.

@Mohsin09
Any update in your case ? you got right of appeal ?

lad 14 wrote: ↑

Tue May 03, 2016 4:02 pm

@Mohsin09
Any update in your case ? you got right of appeal ?

Hello Mohsin,
Your case is same as mine, could you please share how your story end up. It will help me a lot to prepare my case.

Regards,

Al

Mr AAL wrote: ↑

Wed Sep 26, 2018 3:36 am

lad 14 wrote: ↑

Tue May 03, 2016 4:02 pm

@Mohsin09
Any update in your case ? you got right of appeal ?

Hello Mohsin,
Your case is same as mine, could you please share how your story end up. It will help me a lot to prepare my case.

Regards,

Al

1. The user has not logged into the forum for more than 2 years.

2. Please continue in your own topic you have rather than digging up old threads.