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KB | Who's responsibilty is it to ensure an employee is paying tax? |
My brother is working cash in hand and has been for over a year... With no contract.. (he likes the job etc and for obvious reasons hasnt questioned the employer!)
I worry for him that if the Inland revenue came calling, it'd be him that got in trouble..Though he's adament it'd be the employer.... Who's actually liable for fraud in this situation?? Both? |
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Sagda
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If your brother registered as self employed it is his responsibility to declare his income and pay taxes.
Otherwise it is employer's responsibility. When an employer pays cash without a payslip it usually means employee is not PAYE and employer is avoiding paying tax therefore it is employer who will be in trouble not employee. |
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suerye
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Other answerers are making wild guesses.
If he is working for someone, working the hours they dictate at a rate of pay set by them, at their premises, using their equipemnt, your brother will be an employee. It is the employer's responsibility to deduct tax and NIC from the pay of your brother. Failure to do so will mean the employer is liable to interest and penalties in additon to the tax due.
There are many tax cases where, even when the employee had paid his tax as a self employed person, the employer was still found liable for the tax and NIC on the employee's wages.
I doubt he pays holiday pay or sick pay and I wonder if he has employers liability insurance. All this may seem very fine until your brother has an accident at work, or goes long term sick and finds he has no access to benefits.
Not providing written terms and conditions of employment is also an offence under employment law. |
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Paul S
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how much is he earning a week? if its less than £100 then he dont have to worry too much as he is being paid under his personal tax free allowance.
on the other hand, the employer should have a PAYE scheme in place no matter how much he is paying someone and your bro should be an employee and therefore thats the employers liability to get that all set up.
if your bro is earning over £100 a week then he will be responsible too for both tax and NI as well as the employer as they are responsible for deducting it and paying it over to the Revenue along with Employers NI too.
the Inland Revenue can go back 6 years to reclaim underpaid tax and NI and they will also levy charges and interest on top of that too.
Also your brothers state pension will be affected too as he isnt making any contributions to it (thats if state pensions are still around when he gets old enough to have one) and therefore he will only get the minimun amount if he carries on doing this.
oh, btw, its not fraud, its tax evasion! and judging by how your brothers employer is paying cash in hand, it makes me wonder what else he is up to.
I would advise your brother to speak to the employer and get it set straight now, otherwise get out as fast as he can. |
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Louise H
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Just to add to what fengirl has said above too.
By NOT paying tax and NIC he is also NOT building any entitlement to a state pension. What is he going to do? Work until the day he dies? |
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junglejungle
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both are responsible, is the short answer.
the employer can get fined a lot of money also. |
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Jules
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Both are responsible and both can receive equally large fines for tax evasion. |
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jed slade
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both are responsible,the fines and interest can be horrifying |
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Canute
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Assuming your brother is technically an employee, the employer has to see to the deduction of tax and presumably would have to account to the Inland Revenue for the Tax not deducted.
Your brother, however, is aware that he has not been taxed. As a matter of law, income tax is a tax upon income. He received income, he is liable to pay tax.
It is therefore my opinion that the Revenue could proceed against either, or both.
I suggest he saves on a regular basis for a rainy day. |
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door.uk
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Both for the fraud but your brother for the tax, many years ago worked on a building site tax was stopped @ 30% but was never payed. The tax office contacted me and said that i was liable for the tax and billed me.
So tell your brother to be careful and keep all his receipts etc |
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frostini2000
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I reckon both are liable.
Your brother should be paying tax on earned income.
His employer should be ensuring that he does so - certainly that he's been told that he should. |
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Gem*
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I'd say both. |
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