When is it the employer’s fault?
HMRC tends to cause a little confusion by demanding the payment of underpaid tax from employees, rather than the employer or pension provider.
However, where the employer/pension provider has not used the correct PAYE code and this causes any tax not to be collected, it remains their responsibility, not yours.
Seek help from your accountants to check your P800. You’ll need to provide them with the PAYE codes issued to you for the tax year, and payslips from your employer or pension provider to check what PAYE codes they have used.
If you think that it’s the fault of your employer, then you can ask them to check their records, or HMRC can check them, to be sure they made the error.
If the enquiry finds that it is in fact the employer’s fault, then they will have to pay the underpaid tax amount.
HMRC will give the employer/pension payer a chance to offer an explanation. If the error was made in good faith, and they offer a reasonable explanation, then HMRC will conclude that the employee must pay the underpaid tax sum.
When is it HMRC’s fault?
If HMRC has ignored information you or your employer have provided on more than one occasion, or if it has left years of tax errors without informing you, then it will have to pay sum.
If you think HMRC has made the mistake, you can ask it to write-off the tax owing under Extra Statutory Concession A19.
Beware though: it’s very reluctant to use this concession, so it might be worth getting a professional to help argue your case.
How much time do I have to repay the tax?
In most cases, HMRC will allow 12 months to repay the tax. In special cases, it could allow up to 36 months.
If you can’t afford to pay back the whole sum at once, then HMRC may let you do it in instalments.
Want to avoid any unwanted underpaid tax bills in the future? We’d be happy to help.