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Sam
Sam, Accountant
Category: UK Tax
Satisfied Customers: 13657
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
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My status is a bit complicate... I am not sure if you can

Customer Question

Customer: Hi, My name is ***** ***** my status is a bit complicate... I am not sure if you can help on this....
JA: Thanks. Can you give me any more details about your issue?
Customer: My previous company went into administration last year and I was the only employee. My employer(my boss) decided going into administration, but he is doing same business using his brother's company name ( His brother is director of this company) I still work w/my boss(from old company which went into administration) together and we only share his brother's company name and work in separate office. My boss is under loan from his brother and his brother(director of our company now) pays him some amount of money to cover my salary and his expenses.I have asked my boss to employ me, but he keeps telling me that his brother doesn't want to employ us (my boss and me) I get my salary to my bank account (same amount from old company - net pay) from my boss, not from the company. I don't have contract or don't get pay-slips... I asked my boss to give me redundancy letter or P45 from old company, but I didn't get them. I would like to change my detail (including address change) to HMRC, but I don't know how as I am not registered as employee..... It's been over a year since I work for my boss's brother company and I think I need to do something about my tax status.Could you suggest any options what I need to do?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to UK Tax Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: I will be able to wait for 20 mins....
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Submitted: 11 months ago.
Category: UK Tax
Expert:  Sam replied 11 months ago.

Hi

I appreciate more than 20 minutes have passed - but I am Sam one of the UK tax experts - would you still like to proceed with your question?

Thanks

Sam

Customer: replied 11 months ago.
I am not should if you are still available, but yes, please respond regarding my question.
Expert:  Sam replied 11 months ago.

Hi

Thanks for your response

We work online with Just Answer as and when we can - as most of us are running accountancy business or work without that field.

The fact is you are still an employee and with all the information given if the brother will not employ your boss, your boss is certainly still employing you (even if within a new set up) as he pays your salary and therefore must take responsibility for your tax and National Insurance deductions, along with allocating annual leave to you.

This is LAW regardless of what the brother or your boss want and at this stage they are both in breach of employment stats legislation - link here for your information. (this offers basic advise but let me know if you want more detailed access to legislation)

https://www.gov.uk/employment-status/overview

However you are left between a rock and a hard place, you cannot make them adhere to law - and I imagine at this stage this job is better than nothing, but you choices are this

10 Write a formal letter to your boss, stating that you understand that the brother does not want to employ you - but that could your old boss not employ you, and as he is taking tax and National Insurance off you pay as you continue just to get thew sale net pay - could he provide you with evidence of the deductions made in the form of payslips and end of year P60

OR you report them to HMRC and let HMRC handle matters

IF either scenario leads to your job ceasing them you can report them to ACAS who are the employment legislation specialists who can offer you guidance as to taking these two individuals to tribunal as they are not only cheating you out of your rights but I would imagine not paying your deductions over to HMRC or the National Insurance office, and I would advsie against letting this continue.

Let me know if you require any furtehr assistance of contact details to report them to HMRC

Thanks

Sam

Customer: replied 10 months ago.
Hi Sam,Thanks for reply and sorry that I couldn't reply back to you earlier.
I spoke to my boss again about my employment and I got same answer again that he says he will find the way...
It's been over a year that I get same answer any time I brought this subject.
Also, I asked what his tax status to HMRC as he doesn't have any income in theory.
He told his accountant reported HMRC that his income is 'Zero' and I don't think my boss can employ me as he doesn't have any income.
He strongly denies not to report HMRC. But, this is his problem.... not mine.I would like to write formal letter to my boss and I don't know how to do it.
Could you explain more how to state my status to my boss on formal letter?
I just want to push him more to sort my tax & employment status from now on.Thanks in advance.
Expert:  Sam replied 10 months ago.

Hi Su

Thanks for your update and whilst I am happy to draft a letetr for you - this will have to come under the remit of offering you additional services (which I am afraid creates an additional fee)

If you would like to proceed we can do this in one of two ways

1) that I draft you an outline of a letter for you fill in appropriate dates OR

2) We do this via the telephone where I can then draft and email you a full version with all the appropriate information (and the telephone call will enable me to gather the facts I need.

Let me know if you wish to proceed and if so then in which way OT if you are happy to draft the letter yourself (using the legislation provided in the employment status link) then it would be appreciated if you would rate me for the level of services provided so far.

Thanks

Sam

Customer: replied 10 months ago.
Thanks for reply. What would you additional fee for draft? Thanks.
Expert:  Sam replied 10 months ago.

Hi

If just a draft outline then £30 (the amount asked for will show as just under the sterling amount - as although this is a USA site, we UK tax experts are based in the UK so it covernts from USD to sterling!

Let me know fi you wish to proceed

Thanks

Sam

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