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How to complete a return when employer has not paid over PAYE that was deducted?

Posted 14 July 2014 under Tax Q&A


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My previous employer refuses o give me an IRP5 and they have not filled out any tax information for me for the tax they have deducted while I worked there. How do I go about filling in my return with the missing information? Is it possible to resolve this via eFiling?

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TaxTim TaxTim says:
14 July 2014 at 10:00

No, they have to give you an IRP5 or else you can report them to SARS and they will be penalised as they are breaking the law by not submitting your PAYE information to SARS. What is their reason for not giving you an IRP5?

Ann says:
14 July 2014 at 10:31

Nothing. I have tried to contact them about it but they are just keeping silent, not answering emails and evasive phone calls. The company was in serious financial difficulties which is why I suspect they maybe did not pay over the PAYE that was deducted. I did not want to threaten them or cause them anymore problems then they already have. I just wanted a way to sort out my tax without having to deal with them further. The owner of the company is difficult to deal with at the best of times. Is there no way to prove to SARS that PAYE was deducted and then SARS can decide what they need to do? I have payslips which I had to beg from the employer when I worked there. Issuing payslips is not part of company policy...which is when I became suspicious.

TaxTim TaxTim says:
14 July 2014 at 18:59

It does sound like they have not paid over the PAYE, you can take your payslips, bank statements and employment contracts to SARS to show the money paid to you and the money earned and that the PAYE was withheld and they should be able to assist.


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