Still pay emergency tax after tax certification?

Saggitarius

Hi there,

It's my daughter's boyfriend case, and a bit weird to me. My main interest to getting know, is there any kind of deadline for the employer to apply the employee's tax certificate?
The story in short: he receiving weekly payment and still deducted higher rate since beginning, cca 2 months. The P12A went through the system, so everybody (employer/employee) received already about tax details over 3 weeks, and he still on emergency basis. The employer says: go to the tax office. The tax office says: your employer has the ball.

So returning to my original question: is there anything to do resolving this situation? TIA

gerrybbadd

Saggitarius wrote: »

Hi there,

It's my daughter's boyfriend case, and a bit weird to me. My main interest to getting know, is there any kind of deadline for the employer to apply the employee's tax certificate?
The story in short: he receiving weekly payment and still deducted higher rate since beginning, cca 2 months. The P12A went through the system, so everybody (employer/employee) received already about tax details over 3 weeks, and he still on emergency basis. The employer says: go to the tax office. The tax office says: your employer has the ball.

So returning to my original question: is there anything to do resolving this situation? TIA

The matter falls to the employer.

If the tax office has sent out the instruction to the employer on how to tax a person correctly, it is then up to the employer to apply those instructions, taking the employee off emergency tax, and repaying any amounts overdeducted while on the emergency basis.

Your friend should tell the employer that he has already applied to revenue for a Tax Credit Certificate, and that he has been issued with a tax credit certificate. Also tell them that Revenue have sent down the employer instruction over ROS

Saggitarius

Thanks for your reply.

I think the employer would not apply the issued tax instructions, because of less payment to employee. (Cash flow?)

What I'd like to know, how long can the employer keep the employee on emergency tax, even they also received the tax details? Or can he report this matter to the tax office?

gerrybbadd

Saggitarius wrote: »

Thanks for your reply.

I think the employer would not apply the issued tax instructions, because of less payment to employee. (Cash flow?)

What I'd like to know, how long can the employer keep the employee on emergency tax, even they also received the tax details? Or can he report this matter to the tax office?

Cash flow shouldn't be a problem. even if they cannot repay what has already been stopped from the employee immediately, they should not continue to deduct too much tax once they have been given an instruction from Revenue.

There's not a lot Revenue can do with the employer really, once the instruction has been sent out. It's might be more efficient to contact the workplace relations in this regard

https://www.workplacerelations.ie/en/

Mrs OBumble

Look for a new job ASAP.

If they are pulling this sory of stunt, they may not actually be paying over the cash to Revenue at all.

gerrybbadd

Mrs OBumble wrote: »

Look for a new job ASAP.

If they are pulling this sory of stunt, they may not actually be paying over the cash to Revenue at all.

Good point!

In the near future, employers will have to provide Revenue with details of deductions on a weekly / fortnightly / monthly basis, so this kind od practise will hopefully be curtailed

thesimpsons

have you seen the new P2C - has it taken the employee off emergency tax? Revenue could have made a mistake.

An employer doesn't have to refund the overpaid tax if it will adversely affect their cash flow. ie I had a new employee who was was due back in excess of 2k when I got the P2C from Revenue (this was mainly from the previous employer). This would have really stretched out cash flow, I phoned Revenue and they confirmed I didn't have to refund in this case and put the employee on a Week 1 basis instead. However, this would only affect the back payment amount. I don't see why they wouldn't apply the P2C for the weekly pay basis.

CIARAN_BOYLE

Revenue consider you to be off emergency tax if you are registered for tax, even if you have zero tax credits allocated to an employment. Have you looked at Revenues web service?