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No payslips, no proof of PAYE being withheld

Posted 24 May 2016 under Tax Questions


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G says:
23 May 2016 at 23:33

Good evening, My fiance has been employed by a small business as from the 1st of February 2015. His employer does not provide him with payslip nor did they provide him with an IRP5 when we needed to do his tax submission. When we submitted his tax returns for tax period 1st of March 2014 to 28th of Feb 2015 we had submitted the month of Feb 2015 blank and only stipulating the company's name. As another tax period is coming up, and no payslips can be provided to SARS, what does my fiance do. I want to resolve this matter before the tax period of 1st of March 2015 to the 28th of Feb 2016 starts. Should my fiance be paying SARS on a monthly basic or how does it work when you cannot even prove that they withheld PAYE as no payslips are provided.

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TaxTimTaxTim says:
24 May 2016 at 9:09

Does the employer deduct tax from the employee?


G says:
24 May 2016 at 9:17

as per the above they will not provide payslips and nor will they provide an IRP5 so I do assume that tax and UIF has not been paid since date of employment. What are we to do?


TaxTimTaxTim says:
24 May 2016 at 9:38

Is they monthly amount paid less than what is stipulated in the contract or the full amount?


G says:
24 May 2016 at 10:26

The amount stipulated on the contract is the amount paid into his bank account. I have questioned the company with regards to this and they could not provide me with a concrete answer. My question to the company was, do you pay UIF as well as income tax on behalf of your employees. Their response was that we have give our paper work to our book keeper to sort out.


TaxTimTaxTim says:
24 May 2016 at 15:26

If the amount has not been taken off for tax then it is his responsibility unfortunately to declare and pay the tax over. However the employer has a legal responsibility to deduct tax each month and pay this over. When they don't the tax will still have to be paid over by your fiancee as it was not paid and the ultimate tax paying is the responsibility of the taxpayer.

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