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PAYE tax code

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Pimpernel | 20:59 Tue 06th Dec 2011 | Career Advice
5 Answers
Hello,

I changed jobs several months ago and at my new place they are using the PAYE tax code to deduct my NINO & tax. Apparently, it is because my former employer refused to give me a P45. I am therefore overpaying NINO/tax by 10%.

Do I have to wait until April 2012 and then get HMRC to refund the overpaid tax and contributions? Or can I ask them to look up how much I've paid so far, so that my employer can adopt the correct tax code?

I could really do without those extra deductions, especially as my employer was supposed to give me funding for a course, and I'm now paying for it myself!

Thanks in advance.
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The previous answer is right they do have to provide you with a P45, however in reality HMRC can't go to your employer to demad one as there is no resources for this, I would write to HMRC explain the situation and ask them to write to your employer for your pay and tax details, once these are known to HMRC they can adjust your tax code so you get any money owing to you...
16:27 Wed 21st Dec 2011
Your ex employer is required by law to provide a P45. If they don't this should be reported to your local HMRC office who will take action.
Yep Richard's right, phone the tax office and they'll sort it out with you.
Has your previous employer explained why they are refusing to provide a P45?
The previous answer is right they do have to provide you with a P45, however in reality HMRC can't go to your employer to demad one as there is no resources for this, I would write to HMRC explain the situation and ask them to write to your employer for your pay and tax details, once these are known to HMRC they can adjust your tax code so you get any money owing to you straight away.

In your letter send your last payslip as it should show total pay and tax for the year as the tax office may take this in place of a P45 for your tax code as they can check your deducutions at the tax year end anyway

Good Luck!
Question Author
Thanks for your answers, I'm going to write to HMRC.
My previous employer 'didn't see <me> remaining in the UK', hence no need to give me a P45 as far as they were concerned.
I had the same problem with Adecco several years ago. I temped several months in a financial company which was having difficulties. They eventually had to make several tens of thousands of permanent staff redundant. Of course, we temps (several hundreds of us at the site where I was working) were let go of before HR started going after the permanent staff.
Adecco didn't give us new jobs or P45 (so we couldn't claim JSA either). I managed to find another assignment rapidly, but because it took me 3 months to get a P45 from Adecco, I had a much lower net salary than normal... and I had to move house and fork out a new deposit to be closer to my new job (I worked shifts and the commute in the early morning was horrendous) so it was really bad timing!

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