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Obtaining an IRP5 form from an old employer

Posted 13 August 2013 under Tax Questions


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Hi TaxTim.

I am having a problem with obtaining my IRP5 form from 2010 from one of my employers.
I was still in school this time, so I was clueless when it came to submitting tax and all. I did my 2013 return, and now SARS have asked me to do from 2010.

Is there a way I can obtain the IRP5 form without going to the employer? They have told me that they do not have it, but what I do not understand is that employers are compelled to keep their records for 5 years...

What do you recommend? This is one of the period SARS are verifying, and I want to get this all behind my back.

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TaxTimTaxTim says:
13 August 2013 at 20:17

If you go onto eFiling and request the returns for the other years, does the IRP5 information appear for each of those years?

The employer must have the IRP5s on record electronically or physically, as you correctly stated they have to keep records for a certain number of years.


Penguin says:
14 August 2013 at 18:50

I did go back from 2010 to current. All my information was prepopulated. Doing my 2010, 2011 and 2012 returns were easy as I had no medical aid expenditure, and I was still in school for those periods, except 2 months in 2012 when I started in my current job.

SARS is not verifying 2012. I have submitted my 2013 and 2011 supporting documentation already, and I have received correspondence back from them stating that they are fine with the information supplied. No adjustments have been made.

The refunds are being withheld until 2010 has been resolved, and as I stated above, they are just not supplying it to me. I have hounded, emailed and called. They simply told me that they do not have it. In terms of the Income Tax admin Act (if I remember correctly), an employer is compelled to retain the information for 5 years.

They did discuss this with me, and they are using a tax consultant who does all their IRP5 forms for their employees, but they also said that they had a different consultant back in 2010. Surely my IRP5 should still be on EasyFiling? Or am I not correct in stating this?

If it is, and they are simply just stating that they "do not have it on hand", what routes can I go on obtaining this document?


TaxTimTaxTim says:
15 August 2013 at 22:34

The only thing I can suggest is asking for the details of the consultant that was used in 2010 and asking him/her for the IRP5?


Penguin says:
21 August 2013 at 19:58

I informed our tax department with the troubles I am having (I work in an accounting and auditing firm), and our tax manager was able to assist me. Calling the original consultant gave us a good answer.

Basically, the consultant had completed them, printed them and burned the soft copies onto disc. I was never issued with a hard copy, so it might have been lost in transit or something.

Our tax manager was able to draft a covering letter for SARS, explaining the situation, and explaining that the amount is also immaterial.

It was submitted today, so I can give it 5 working days from now for them to assess the supporting documents.

From then, assuming that all is in good order, how long would it take for me to receive the refund?


TaxTimTaxTim says:
22 August 2013 at 11:47

I'm very happy to hear that tax professionals are also assisting their staff! If all goes well with SARS then after you receive a completion letter the payout will take 1-2 days depending on which bank you are with, but it is generally the following morning.


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Hi, I'm Tim!
I'll help you do your Tax Return with Confidence
Quickly, Easily
And Correctly
Do your Tax Online with Expert Help from Me, Step-by-Step.
LEARN MORE