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Re: Taxman

PostPosted: Tue May 24, 2011 2:20 pm
by musashi
Hi Dave. I have literally only a few minutes on this machine so I'll be brief. The answer lies in the original PAYE EXIT STRATEGY I posted last year.
No-one has managed to find fault in it - or they haven't bothered trying.
The law in it it is good. The reasoning is sound and the logic irrefutable.
I haven't had time to read the whole thread but I believe from what I have seen my old remedy applies.
The employer cannot be made to labour for no remuneration.
The employer is not a registered, insured debt collector even if he volunteers to collect tax he is acing illegally.
The tax lien is enforceable only by a judge on a bench - your employer is not a judge.
Your employer runs a debt account and is not a registered debt account holder or insured to do so.
Taking tax is a summary process and anyone doing so must be specifically bonded to do so.
Your employer becomes your fiduciary when he takes tax is is responsible for every penny. Should your pension scheme collapse, for example, he is fully financially responsible for every penny taken.
Their argument in court is always that you paid before so you should always pay. The judge always accepts that.
Re-read my old PAYE TAX EXIT STRATEGY post and maybe look at my UNIFORM BONDING CODE post.
The law I use is good.
Your only route is through your employer, then you can take on the taxman direct. At that point look at my other tax post - SELF EMPLOYED TAX EXIT STRATEGY.
Sorry this is so short but time is up.
Best regards to all.

Re: Taxman

PostPosted: Tue May 24, 2011 9:21 pm
by AgentProvocateur

The taxmen so to speak can be quite reasonable when they see an obvious error. And more often than not they WILL act to alter a person's record, if they contact them to say there is an error.

From what I understand of your situation, you seem to be saying that your wife has 1 main job at present at one company, but may simultaneously be listed as having another job - which should have been ended a while ago, which is at a company that you now yourself work at.

Up until 05 April 2011, the Personal Allowance for an individual under 65 was £6475, which is why both you and your wife would have tax codes for 647L for the 2010/11 tax year. This makes sense with no deductions on either of your records. For the tax year 2011/12, the Personal Allowances are 7475, so I would assume that you and your wife would have 747L tax codes for this current tax year, assuming no deductions.

Your wife needs to clarify with HMRC if she has two LIVE employments at 2 different PAYE references (or companies) on her record. You seem to be suggesting that she has moved on to a new job but that her old employer has not filled in a P45 to say she has ceased there. If this is the case, then she may have two listings on her tax record for 2 separate jobs both with a tax code of 647L, or in the this tax year 747L. If this is the case she needs to tell HMRC that she has ceased to work at one of the jobs and only has one employment, and, she needs to give them the SPECIFIC CALENDAR DATE when she ceased in her previous employment. This may be critical. Don't just tell HMRC you have left an employment without telling them the exact date, so they can record the exact date on the system. This could affect tax payments. If she has not been paid wages under a second employment mistakenly held as live for a few years it should not screw up her tax. Because she will not have paid tax through that employment.

I do hold out hopes that this could be solved over the phone even with HMRC. If your wife phones them up and says that she does not work for a certain company, and that she left their employ at a certain date, and that she has a new primary job at another company, they should - over the phone - enter a cease-date in the old employer record. And even if the employer themselves had not sent in a P45, I would be surprised if the HMRC call centre would not action it on her word alone, especially if they can see her latest employment listed on their records with a different PAYE reference.