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Previous employer refuses to give IRP5 form, what can I do?

Posted 14 October 2013

I requested an IRP5 form from my previous employer but was told that they could not help me as they had only registered at SARS a year after I left the company. But tax was deducted from my salary from the first month to the last month of my employment which was over 2 years. What will happen to the company and how do I go about handling this situation as I need to submit my tax return?

TaxTim TaxTim says:
14 October 2013 at 21:45

They need to provide you with IRP5's and submit their employees tax returns for the period before they were even registered. It is up to them to go to SARS and explain what has happened and then sort it out and provide you with an IRP5. They cannot withhold PAYE and not pay it over, and if they did pay it over they need to provide you with the correct form so you may submit your return. They will face penalties from SARS the longer they leave it.

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