Accountant never made tax return

mcbeal

hi everyone,

My dh and i gave a form 12 and supporting docs to an accountant to finalise and make the tax return on our behalf for 2009. i rang revenue during week to know if i was getting money back and they said no tax return had been filed. i also discovered that my dhs' employer has not been paying his tax and prsi. the accountant and dh employer are in business together, not as accountats, some other venture. i wrote the accountant a nice letter saying the revenue were obviously mistaken and asking for a copy of the form 12 and the date on which it was filed. no response.

what do i do?

also what about my dh having no tax or prsi paid. they have his p45. he never gets payslips or p60s. he is afraid to broach the matter as he doesn't want to be fired.

all advice gratefully received

kennyb3

mcbeal wrote: »

hi everyone,

My dh and i gave a form 12 and supporting docs to an accountant to finalise and make the tax return on our behalf for 2009. i rang revenue during week to know if i was getting money back and they said no tax return had been filed. i also discovered that my dhs' employer has not been paying his tax and prsi. the accountant and dh employer are in business together, not as accountats, some other venture. i wrote the accountant a nice letter saying the revenue were obviously mistaken and asking for a copy of the form 12 and the date on which it was filed. no response.

what do i do?

also what about my dh having no tax or prsi paid. they have his p45. he never gets payslips or p60s. he is afraid to broach the matter as he doesn't want to be fired.

all advice gratefully received

Where to even begin with this one, but here are some thoughts:

1. Did you actaully sign the form 12?

2. Did you not cop that you never got a balancing statement or anything from Revenue? And that no refund was granted or payment was required?

3. Is the accountant a member of a body? ACA, ACCA etc. If it comes to it they will be your first port of call for filing a complaint

4. How come no payslips or P60 was ever sought? This sound very strange!

5. If he is fired for broaching a subject such as this that would be unfair dismissal.

mcbeal

Hi kennyb3

1. I signed the form 12 before giving it to the accountant. i had completed most of the form 12 myself but there were one or two sections that were beyond me.

2.Obviously i did cop hence the reason for me ringing the revenue to find out the status of the return

3. am checking this out

4. not sure who was meant to be seeking the payslips and p60. i gave mine to the accountant. the accountant was fully aware hubby didn't have any as he is the accountant for the place where hubby works.

5. agreed but by the the time it would come for hearing the financial strain would be too much. barely keep heads above water as it is.we need this job.

kennyb3

mcbeal wrote: »

Hi kennyb3

1. I signed the form 12 before giving it to the accountant. i had completed most of the form 12 myself but there were one or two sections that were beyond me.

2.Obviously i did cop hence the reason for me ringing the revenue to find out the status of the return

3. am checking this out

4. not sure who was meant to be seeking the payslips and p60. i gave mine to the accountant. the accountant was fully aware hubby didn't have any as he is the accountant for the place where hubby works.

5. agreed but by the the time it would come for hearing the financial strain would be too much. barely keep heads above water as it is.we need this job.

I would ring the accountant a few times, see if you get a response. Also consider writing a letter if you are ignored asking about the situation and advising that you ll be making a compliant to their institute if you dont receive a response within a certain period (say 7 days).

Re the no tax or prsi paid, you ll have to make some enquiries here. You cant just ignore the situation, if you do your leaving yourself wide open.

Also i'd suggest switching accountants if you cant trust yours.

djk1000

Just to add to Kennyb's post, if your husbands prsi hasn't been paid to Revenue, if the worst happened and he lost the job, he would have severe problems getting jobseekers benefit, as far as Social welfare would be concerned, he wasn't making the required contributions.

At the very least, he needs to get P60's and payslips as evidence of prsi being deducted from his salary.

barneystinson

djk1000 wrote: »

Just to add to Kennyb's post, if your husbands prsi hasn't been paid to Revenue, if the worst happened and he lost the job, he would have severe problems getting jobseekers benefit, as far as Social welfare would be concerned, he wasn't making the required contributions.

At the very least, he needs to get P60's and payslips as evidence of prsi being deducted from his salary.

AFAIK he'd only have severe problems if he can't prove he was employed by and paid by his employer in the period. Like if he gets paid by cheque or bank transfer he should easily be able to prove employment, and therefore has to be given credit; it's then up to Dept Social Protection to pursue the employer for the PRSI due.

Alan Shore

Is it not unfair to blame your accountant for not filing your tax return if you did not give them the P60.


Good Call by Barney.
If a situation exists were a person is an employee then the responsibility is with the employer.

I would ask the employer for the P60 for 2009. If after 7 days they have not provided I would request it again saying that I would have to contact the tax office to have my tax affairs sorted out. The last thing that employers need is a Revenue audit or a visit from National Employment Rights Authority.
Employees are entitled by law to payslips.
Good Luck