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03-08-2012, 00:45   #1
BrianDug
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Part Time Work & Tax

Hi,

I am a student working part time during the summer, my employer told me to invoice him for the hours I do. I have never earned more than 120e a week (some weeks there is no work for me). He has asked me for PPS number but I am unsure as to if I am to pay tax myself or how it works. I would like to keep everything above board.

Any heads up would great, I will be seeing him soon so will speak to him in person about it then but would like to know now.
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03-08-2012, 09:02   #2
srsly78
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If you invoice him he's not an employer, he's a customer of yours.

Leaving aside whether it's legal or not for you to invoice him: you are self-employed and must register thereas and file returns.
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03-08-2012, 12:28   #3
barneystinson
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Originally Posted by srsly78 View Post
If you invoice him he's not an employer, he's a customer of yours.

Leaving aside whether it's legal or not for you to invoice him: you are self-employed and must register thereas and file returns.
Invoices are irrelevant, issuing them doesn't make the OP self employed. Whether or not there is an employment or a self-employment will depend on the nature of the relationship. http://www.revenue.ie/en/tax/it/leaf...ent-status.pdf

It may well be the case that the employer is trying to wash his hands of his obligations (employers registration, operation of payroll, paying employers PRSI etc...).

Last edited by barneystinson; 03-08-2012 at 12:32.
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03-08-2012, 18:13   #4
BrianDug
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Thanks for the responses,

The employer in question works for himself and has no other staff, I am only there for a short stint. Best to talk to him about I guess.

Thanks again
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03-08-2012, 19:24   #5
allthedoyles
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You say you want to keep everything above board .........so tell your employer that you cannot invoice him because you don't have invoices .

Tell him that you need his employer registered number to apply for a tax credit certificate , so that you don't pay emergency tax .

In reality , he is taking you on as an employee , and employees have status of paye .
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04-08-2012, 19:30   #6
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Quote:
Originally Posted by allthedoyles View Post
You say you want to keep everything above board .........so tell your employer that you cannot invoice him because you don't have invoices .

Tell him that you need his employer registered number to apply for a tax credit certificate , so that you don't pay emergency tax .

In reality , he is taking you on as an employee , and employees have status of paye .
Yeah- you do that and he gives the job to the guy down the road.

Just buy a basic invoice book and write your hours and and give it to him

He is taking the risk of saying you are self employed. Let him. Its not your problem if Revenue audit him. Then you can fill out a form 11 next october for the 2012 year.

Easy enough tbh
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09-08-2012, 00:33   #7
foxboy
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Yeah- you do that and he gives the job to the guy down the road.

Just buy a basic invoice book and write your hours and and give it to him

He is taking the risk of saying you are self employed. Let him. Its not your problem if Revenue audit him. Then you can fill out a form 11 next october for the 2012 year.

Easy enough tbh


sorry to hijack the thread
I was employed part time and thought my employer was doing everything right
paying me into bank account paying tax and prsi
but found out when i got my p45 there was no tax paid
so rang tax office to find out why and they told me I had to pay the tax
and they where going to take some tax credits to make up for the tax my employer didnt pay

can an employer not pay tax and leave you with the bill ??????
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09-08-2012, 09:52   #8
srsly78
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No they can't. They would not be an employer in that case. What does the contract of employment say? I'm gonna take a wild guess: there was no contract, it was all very dodgy. You are legally supposed to get a payslip if an employee, showing a breakdown of all the tax etc.

This is the difference between being an employee and being self-employed.
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09-08-2012, 12:42   #9
dbran
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Hi Foxboy

Your former employer may be correct in not deducting any tax if the amount that you were paid in each period was less then the amount of available tax credits for each period. I note that you said that you were working part time so this may indeed be the case if your gross pay is relatively small or you have an amount of unused tax credits coming forward.

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09-08-2012, 12:43   #10
srsly78
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He should still have received payslips showing deductions etc.
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09-08-2012, 12:50   #11
dbran
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Hi Srsly

Perhaps.

He should have received payslips each week. OP dosen't say whether they did or did not. But in any case the P45 is not necessarily incorrect and it is not the case that just because there was no tax deducted that the employer has done anything wrong. I would think that if the employer was not operating PAYE correctly and they were "off the books" then they would not have issued a P45 at all.

Kind Regards


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09-08-2012, 13:03   #12
foxboy
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hi guys

I was not getting payslips so didn't find out until I got P45

Had to go to NERA to get payslips and when I got them they show my weekly tax credit as 40.68 and pay was from 366 to 500 surely he should of taken tax
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09-08-2012, 13:22   #13
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Maybe..Without knowing the full ins and outs it is not possible to say. When did you start work there and for how long, did you work anywhere else in the year, what was the average weekly wage etc
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09-08-2012, 23:34   #14
Shane732
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Quote:
Originally Posted by foxboy View Post
hi guys

I was not getting payslips so didn't find out until I got P45

Had to go to NERA to get payslips and when I got them they show my weekly tax credit as 40.68 and pay was from 366 to 500 surely he should of taken tax
It's the employers obligation to deduct tax correctly, I wouldn't worry about it. Just don't do something stupid and request a balancing statement!

Your employer may well have deducted tax correctly (i.e. €0) as dbran says it's impossible to know without knowing the full details.

Any PRSI paid on the P45?
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10-08-2012, 00:00   #15
allthedoyles
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Quote:
Originally Posted by foxboy View Post
hi guys

I was not getting payslips so didn't find out until I got P45

Had to go to NERA to get payslips and when I got them they show my weekly tax credit as 40.68 and pay was from 366 to 500 surely he should of taken tax
Can you give us a breakdown of the weekly tax credit of €40.68 ?
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