Tax. Prsi. Usc. BOSS

Dani90

I have discovered this week that my boss hasn't been paying prsi or usc for the job that i have been working at full-time for 18 months.
I only realised this when I went to citizens advise because I thought something wasnt right when every time we ask for a pay slip or mention holiday pay we are ignored, I also heard she owed thousands to the revenue so needed to find out for myself. I was told there is no records of me ever working here or ever paying tax in Ireland for the last 18 months I haven't got one stamp from here.
Going by my hours and wage I have been paying tax every single week since i started. I have no idea where to go from here.
If I quit I'm jobless and it's so hard to stay knowing what's been going on after trusting your boss with your money.
Is there anything I can do to show I have been working here and payed all the tax I did?
Thanks In advance.

L1011

Without pay slips you have no proof of anything.

hjr

Were you paid by Cash, cheque, or bank transfer? There may be a payments record...

pilly

Have you ever received a payslip? If you have this is your starting point. If you have even one payslip you can go to the revenue with his.

If you haven't then you should have kicked off a fuss long before now and I'm not sure where you can start to resolve this.

Who told you there was no record of you having paid tax? Couldn't be the citizens advice as they wouldn't have access to this information.

Also, start looking for another job!

newacc2015

Go to a tax office or call revenue. They might be able to tell if you are registered as working there

FYI Revenue don't care if your post didnt pay your income tax, PRSI or USC on your income. That is your responsibility. You will owe back taxes.

My suggestion is start looking for a new job. That company sounds like it is going under.

You can leave and apply to the WLC to get your unpaid holiday pay

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/leaving_work_without_being_paid.html

gerrybbadd

newacc2015 wrote: »

Go to a tax office or call revenue. They might be able to tell if you are registered as working there

FYI Revenue don't care if your post didnt pay your income tax, PRSI or USC on your income. That is your responsibility. You will owe back taxes.

My suggestion is start looking for a new job. That company sounds like it is going under.

You can leave and apply to the WLC to get your unpaid holiday pay

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/leaving_work_without_being_paid.html

Not necessarily. These are all fiduciary taxes, meaning your employer has to collect and remit them on your behalf. If he/she has been stopping these taxes, and not remitting them back the Revenue, then the employer will be in bother

pilly

newacc2015 wrote: »

Go to a tax office or call revenue. They might be able to tell if you are registered as working there

FYI Revenue don't care if your post didnt pay your income tax, PRSI or USC on your income. That is your responsibility. You will owe back taxes.

My suggestion is start looking for a new job. That company sounds like it is going under.

You can leave and apply to the WLC to get your unpaid holiday pay

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/leaving_work_without_being_paid.html

It's absolutely not the employees responsibility although they might question why OP didn't ever insist on a payslip or P60.

Dani90

pilly wrote: »

It's absolutely not the employees responsibility although they might question why OP didn't ever insist on a payslip or P60.

I did receive about 5 pay slips because we inisited we wanted them every week. After a few weeks this stopped. I Still have the pay slips here so they might help

Dani90

hjr wrote: »

Were you paid by Cash, cheque, or bank transfer? There may be a payments record...

I was paid by bank transfer every week

hjr

Dani90 wrote: »

I was paid by bank transfer every week

From what you say, you do have some payslips provided by the employer, and were also paid by bank transfer, so both will prove your employment.

I would contact Revenue and advise them of your circumstances as you have enough evidence to prove your employment. Of course, as you say the business is in a precarious position then attracting the attention of Revenue won't help them, but thats not really your concern, except that it may hurry the closure of the business if its struggling.

As earlier pointed out, the quicker you could source alternative employment the better, as I can't see this having a good outcome.

Dani90

hjr wrote: »

From what you say, you do have some payslips provided by the employer, and were also paid by bank transfer, so both will prove your employment.

I would contact Revenue and advise them of your circumstances as you have enough evidence to prove your employment. Of course, as you say the business is in a precarious position then attracting the attention of Revenue won't help them, but thats not really your concern, except that it may hurry the closure of the business if its struggling.

As earlier pointed out, the quicker you could source alternative employment the better, as I can't see this having a good outcome.

Thank you for your reply. I was thinking this would be the case was just worried there would be no records of me working full time atal over the last 18 months. I will contact them today.

pilly

Dani90 wrote: »

I did receive about 5 pay slips because we inisited we wanted them every week. After a few weeks this stopped. I Still have the pay slips here so they might help

Definitely will help. Get on to revenue straight away. You haven't said who told you that you weren't registered as being employed though? Unless you got that information straight from the revenue then it could be wrong.

This is a very serious issue because if you go to claim any kind of social welfare in the future your contributions won't be there. I'd be getting it sorted straight away.

Dani90

pilly wrote: »

Definitely will help. Get on to revenue straight away. You haven't said who told you that you weren't registered as being employed though? Unless you got that information straight from the revenue then it could be wrong.

This is a very serious issue because if you go to claim any kind of social welfare in the future your contributions won't be there. I'd be getting it sorted straight away.

I went to citizens advice who then asked my permission to let someone else deal with my case as she said it was serious. The main man from the revenue in my area then took over and was able to tell me I am not registered as employed or have never been registered in this company. I have no contributions so I feel like I am stuck here.
This is my first time ever dealing with tax or anything like this sorry for any confusion.

pilly

Dani90 wrote: »

I went to citizens advice who then asked my permission to let someone else deal with my case as she said it was serious. The main man from the revenue in my area then took over and was able to tell me I am not registered as employed or have never been registered in this company. I have no contributions so I feel like I am stuck here.
This is my first time ever dealing with tax or anything like this sorry for any confusion.

No don't be sorry, I'm just trying to make sure you have the correct information.

This is a terrible situation to be in and the company are completely in the wrong here.

I know you probably want to hold on to your job but you can't let them away with not paying your tax.

If you don't have much experience with this I would suggest bringing in the payslips you have to your local tax office face to face. I've always found the majority of them very helpful once you're in there.

Just remember you are not in the wrong here, the company is.

hjr

Its also worth pointing out that your employer will be in serious bother for providing you with payslips if your not registered...its tantamount to fraud really....

pilly

hjr wrote: »

Its also worth pointing out that your employer will be in serious bother for providing you with payslips if your not registered...its tantamount to fraud really....

Absolutely, serious fraud and the revenue don't mess around with this sort of carry on in fairness. You can not deduct tax from someone and not forward it to the revenue.

hjr

I would have some sympathy with an employer for reasons of cashflow being behind on his payments to Revenue, and Revenue would always work with them as best they can, but the issue here is really the failure to disclose the employment to Revenue and the failure of the employer to make timely P30 or P35 returns with which would at least allow the employee to claim social benefits if needed, regardless of whether the employer had actually paid the liability....

pilly

hjr wrote: »

I would have some sympathy with an employer for reasons of cashflow being behind on his payments to Revenue, and Revenue would always work with them as best they can, but the issue here is really the failure to disclose the employment to Revenue and the failure of the employer to make timely P30 or P35 returns with which would at least allow the employee to claim social benefits if needed, regardless of whether the employer had actually paid the liability....

True but 18 months is madness.

gerrybbadd

hjr wrote: »

I would have some sympathy with an employer for reasons of cashflow being behind on his payments to Revenue, and Revenue would always work with them as best they can, but the issue here is really the failure to disclose the employment to Revenue and the failure of the employer to make timely P30 or P35 returns with which would at least allow the employee to claim social benefits if needed, regardless of whether the employer had actually paid the liability....

I'd have absolutely none.

PAYE, PRSI & USC are not the employer's money. These are collected on behalf of the employee. The only cost to the employer is the Employer PRSI aspect.

If an employer is using these monies to prop up their business, then they would want to take a long hard look at it, because the company is most likely unsustainable.

hjr

gerrybbadd wrote: »

I'd have absolutely none.

PAYE, PRSI & USC are not the employer's money. These are collected on behalf of the employee. The only cost to the employer is the Employer PRSI aspect.

If an employer is using these monies to prop up their business, then they would want to take a long hard look at it, because the company is most likely unsustainable.

Yes, but in reality thats not what happens, and if business was to operate like that, then many business would close down due to cashflow issues. Revenue understand this and work with businesses to work out any difficulties. In many cases small businesses have been moved by Revenue from monthly P30 obligations to three monthly P30's to help a business deal with cashflow issues.

I have no sympathy with a business that blatantly ignores their responsibilities, or attempts to defraud either Revenue or an employee, but the reality of business is that there are highs and lows to deal with, and it would be unfair to tar every business with the same brush.