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Posted Wed, 15 May 2024 09:49:45 GMT by momoho2024
I was employed in mid March 2024 and my employer only paid my March payroll together with my April one by the end of April. This results in 1. Incorrect income tax split as my March payroll should be taxed in the tax year 2023-2024, but now it is taxed in the tax year 2024-2025 instead 2. Incorrect PAYE and NI calculation as they assumes my monthly salary is the sum of my March and April payrolls Can you advise what I can do?
Posted Fri, 17 May 2024 11:28:44 GMT by HMRC Admin 25 Response
Hi momoho2024,
The salary is taxed when paid to you and if paid after 5 April 2024 will be in the new tax year 2024/25. 
Thank you. 

 
Posted Fri, 17 May 2024 11:41:47 GMT by momoho2024
My income in the previous tax year 2023/24 was below the Personal Allowance so I should not be paying any income tax for my March payroll. I should not be paying additional tax just because my employer delayed the payroll to me. And I found below article saying Legally, an employee’s tax liability on a payment of arrears arises in the tax year that the employee was originally entitled to be paid the extra amounts, not in the year that payments are eventually made. https://www.gov.uk/hmrc-internal-manuals/paye-manual/paye70023 Doesn't it mean that the tax liability of my March payroll should be paid in March (previous tax year 2023/24) instead of the new year 2024/25?
Posted Wed, 22 May 2024 12:09:18 GMT by HMRC Admin 19 Response
Hi,

Normally the tax is deducted when the payment is received. As the payment is received in the current 2024 to 2025 tax year we cannot make a full review until the end of the tax year. You can contact our Income Tax team after the tax year end, 5 April 2025, to review.

Income Tax: general enquiries

Thank you.
Posted Wed, 22 May 2024 12:50:41 GMT by momoho2024
But according to the Section 686 ITEPA 2003, a payment of PAYE income of a person is treated as made at the earliest of the following times— Rule 1 The time when the payment is made. Rule 2 The time when the person becomes entitled to the payment. https://www.legislation.gov.uk/ukpga/2003/1/section/686 So in my case, it should be Rule 2 (which is March 2024, tax year 2023/24). This largely over-estimate the PAYE tax I am paying and I cannot wait until the end of the tax year to review, as I'm suffering a large financial loss because of the over-payment. Thanks
Posted Fri, 24 May 2024 16:05:52 GMT by HMRC Admin 13 Response
Hi As previously stated the payment has been made in the current tax year, no action can be made until after 5/4/25 when your full income for the year is known. Thank you
Posted Wed, 20 Nov 2024 07:39:44 GMT by THET
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