Employer didnt pay tax and I cant get welfare

h1034799

Hi,

I have recently been made redundant from a company based in Naas, I live in the north with a UK tax number (dont hold it against me).
When I joined the company they told me I was being taxed through their UK office and paid in sterling.
I have sterling payslips since joining but no P60's and now that I have made a claim for Jobseekers Allowance in the north I have been refused because no National Insurance contributions have been made for 08/09 and 09/10 (another words they havent paid and any tax or NIC on their UK Payroll since I joined and I later found out that the UK office ceased operating and yet I was still recieving sterling payslips showing deductions for PAYE and NIC's)

Anyone know the best way to sort this out considering Welfare office in the north cant sort it out because my employer is based in the south?
Can the equivalent office in the south claim all unpaid tax and NIC's and transfer them to the north or is it held in the south for good?
Will the company be prosecuted for not paying tax?
Either way, I wont get any benefit up here until its sorted.

Any help much appreciated

wmpdd3

I don't know much about this when 2 countries are concerned but I would complain to HM Revenue.

It looks like you were in essence working for a British company at an offsite location (Naas).

First photocopy all your payslips and then only submit the copies when asked for proof. If you dont have the payslips you have no proof at all and the company could say you were aware you were working 'cash in hand.'

Is the company still trading? If not you could be in trouble as the contribution needed is more than the one detailed on your payslip so it could be a sizable amount for 2 years.

Newaglish

Is the company (your employer on your contract) actually registered in Naas or is it registered in the UK with a site in Naas? Is it still trading?

I've dealt with situations before of Irish employees working for an Irish based company but working in their London office and paying UK taxes. They were entitled only to the UK redundancy/welfare/etc. systems as it's based on where your social insurance contributions are paid.

With regard to your taxes not being paid over, I know that in Ireland anyway you are still covered so long as you had PRSI deducted from your wages. If your employer still has a massive revenue liability, you are not affected.

As you were working in ROI but paying UK taxes... your only bet really will be with the UK welfare service, but you have two problems: you shouldn't really have been paying UK taxes and your employer didn't forward your NIC to the revenue (and possibly any of your details). Unfortunately I'm not too au fait with the UK system so I can't offer you too much advice there - best bet is to contact whatever their normal helpline is, explain your situation and send them copies of your payslips.

I can't see you having any luck with the Irish social welfare office I'm afraid.

h1034799

Thats the problem though, UK tax office cant do anything about it because the company is registered in Nass.

Surely something can be done in the south when they were giving me a payslip and taking deductions no matter what currency it is?

They should of actually been paying me in euros and making tax and psri deductions, then I would of declared it to uk as income already taxed by another eu country?

h1034799

Yes, its still trading...

wmpdd3

Try calling NERA, though I really dont know, you may have to contact a solicitor.

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h1034799

Yehh I think a solicitor may be needed, was hoping to avoid them though.

Problem is, can a solicitor in the north hold much weight with a company in the south, or vice versa??

ABajaninCork

OP - Have you put the question to ACAS? I think they might be the people to deal.

http://www.acas.org.uk/index.aspx?articleid=1461