P45 - I don't have one!

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P45 - I don't have one!

Postby shabbagaz » Thu Feb 28, 2008 1:11 pm

Just wondering if anyone can help with a big problem i've got.

I've just got a new job and I start on Monday. I need to take my passport, NI card and P45 but I don't have a P45 (well I do still have one from 5 years ago from when I signed on, but I doubt I can use that).

My current employer (Space Kitchens) said that you have to pay your own tax and the job is classed as 'self employed' (even though it isn't!!). The problem I have is that since the tax threshold is £100, I have been earning less than that so haven't been paying tax.

How can I solve this problem as it feels like i'm totally screwed! :(
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Postby peecee » Thu Feb 28, 2008 1:34 pm

I'm not really sure what your problem is, petal! I have loads of staff who don't bring a P45 with them. They fill in a P46, stating that they haven't got a P45, and basically letting us sort it out! Download one here

http://www.hmrc.gov.uk/forms/p46.pdf

and slap it into their hands when you go in.

Our payroll bureau puts staff without a P45 on the lowest tax code, meaning they don't pay any tax until they reach the threshold.

If your job is classed as self-employed, the company shouldn't knock any tax off anyway, it's up to you to send in a self-assessment at the year end if you're earning enough. But let's worry about that when you find out a bit more about what's going on.

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Last edited by peecee on Thu Feb 28, 2008 1:58 pm, edited 1 time in total.
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Postby shabbagaz » Thu Feb 28, 2008 1:55 pm

Thats a bit of a relief - thanks!

The current company I work for class the job as self-employed, even though it isn't! (sorry if that doesn't make sense).

From what i've heard from others is that the Inland Revenue aren't "keen/pleased" on the way Space Kitchens do this.


Anyway, i'll download that P46 and fill it out.

Thanks! :)
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Postby misskrystal » Thu Feb 28, 2008 2:54 pm

shabbagaz wrote:The current company I work for class the job as self-employed, even though it isn't! (sorry if that doesn't make sense).


I really don't understand this. You're either self-employed or you aren't. It really does make a big difference when it comes to taxes. You need a definite answer before you begin working there.
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Postby snail » Thu Feb 28, 2008 3:22 pm

It's quite common for companies to do this. Space Kitchens basically 'hire' Shabbagaz to come in and do some tasks for them every day (in the same way you might hire someone to come in and fit a new bathroom, say). They don't actually 'employ' him/her to work for them, the same way as you don't 'employ' the bathroom fitter.

However, as Shabbagaz has stated, the government frowns on this because it's essentially a way of avoiding your legal obligations to your workforce: if Shabbagaz isn't officially employed then Space Kitchens don't have to pay any sick pay, pension, National Insurance, give him/her any holidays etc. S/he is a freelance kitchen worker, officially. The govt. has clamped down on this practice now and I think it's harder to get away with than it used to be.
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Postby shabbagaz » Thu Feb 28, 2008 9:28 pm

Sorry, I should've been more clear.

I work for Space Kitchens in their call centre cold calling people. They pay me and i'm working for them. They class it as self-employment but I don't see how they can since I have a contract of employment with them!

Yeah, its confusing! :-?

So basically, can I fill in this P46 form? Will the company i'll be working for accept it?
If not, i'm well and truly in trouble :(

edited by moose. please don't swear, even with stars
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Postby shabbagaz » Sun Mar 02, 2008 3:54 pm

Can anyone confirm that i'll be ok with a p46? Or will it be better to take my P45, bearing in mind its from about 5 years ago?
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Postby lidopig » Sun Mar 02, 2008 5:16 pm

How can you have a contract of employment and be self employed?!
I don't understand this.If you haven't paid any National Insurance contributions during this period,it could affect your pension etc.Check it out.
Good luck.
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Postby shabbagaz » Sun Mar 02, 2008 11:50 pm

Exactly! :-? Thats Space Kitchens for you.

I guess it would be best just filling out the P46
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Postby brfc » Mon Mar 03, 2008 12:09 am

its probably working on commision. they pay you for what you sell but you dont work directly for them just on behalf of them. your like a third party!
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