moving o'seas, claim tax back without P45?

by **kageanrage** on Mon Nov 28, 2011 3:25 pm

Hi there, thanks in advance for your attention and assistance.

I'm moving to Australia having lived and worked in the UK for several years, and would like to claim back tax having only worked part of this financial year. I need a P45 to do this apparently, but as I am in Sales and will continue to receive commission payments from my (now former) employer over the next 6-9 months for work sold during my employment period, my former employer says they cannot give me a P45 as they will still be paying me commissions, although I am not receiving a salary from them.

Can I claim my tax back without a P45? Or do I need to find a way for my former employer to terminate my employment officially and still manage to pay commission payments into my bank account? Any thoughts/advice are greatly appreciated.

thanks,
Kevin

by **mullet** on Mon Nov 28, 2011 6:44 pm

If you will be paid until the end of this financial year (which sounds likely given what you say) then you will benefit from one twelfth of your annual personal allowance (tax free amount) each month. Which means that you should neither underpay nor overpay tax (assuming that your tax code is correct).

by **kageanrage** on Tue Nov 29, 2011 12:10 pm

mullet wrote:If you will be paid until the end of this financial year (which sounds likely given what you say) then you will benefit from one twelfth of your annual personal allowance (tax free amount) each month. Which means that you should neither underpay nor overpay tax (assuming that your tax code is correct).

Thanks mullet, so because I am continuing to be paid commissions at monthly intervals (but not a salary) for previous work sold, this is considered to be employment?
I would have thought that as I have finished working and left the country at this point, I should be in a position to receive tax back.

by **mullet** on Tue Nov 29, 2011 6:27 pm

I would have thought that as I have finished working and left the country at this point, I should be in a position to receive tax back.

Since you use the word employment and you are talking about a P45, the inference is that you are an employee. If you receive further commission etc arising from employment after you have left, then you don't suddenly cease to be an employee. If a P45 has already been issued then the employer is obliged to deduct tax from further payments. If a P45 has not yet been issued then the tax code is operated each week or month in the usual way.