Works in a restaurant & has just been handed 11S form. Thought employer handled tax.

K

Khublei

Registered User
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Hello,

My housemate has just been given one of these. She works in a restaurant and always just presumed her employers took care of the tax side of things. She's never had to fill out a self assessment form until now.

She's paid in cash but she says she is on the books and they have an accountant who pays her and all so she didn't think she would have a tax bill at the end of it all. She's not even sure how much she has earned over the past while.

Any idea what to do? Why would the employers not take care of this? To avoid paying PRSI I would guess.
 
Hi Khublei,

Ive expanded your title somewhat to more fully reflect your question.

aj
mod
 
Not sure what the employers reasons are, I can only guess.
I certainly would not be filling up a Form 11.
Form 11 is for self-employed people, and she seems to be an employee.

Does she get payslips, P60's etc. ?
Has she a tax credit cert.?
Has she been registered as an employee of this restaurant.?
Does she have any proof that she works there?

BTW Taxation is ultimately her own responsibility, the employer is obliged to deduct as per the statutory deductions.
 
There is no way she could be regarded as self-employed, assuming normal duties T&Cs of normal restaraunt workers.

I would worry about the PAYE supposedly withheld to be paid to Revenue, but more importantly as a previous poster highlighted - if the restaraunt are treating her as self-employed (ignoring the issue of VAT and invoices), they won't have paid PRSI meaning she may find it difficult to fully claim Social Welfare benefits!
 
OK, everyone needs to stall the digger for a minute.

The Form 11S is a new form for 2011 et seq. Everyone appears to be assuming that the OP's friend's employer in the restaurant has given this form to them. This isn't possible, as they are not generally available - Revenue issue them directly to the taxpayers whom they want to return them.

Taken from Revenue Operational Manual part 38.01.12:
"The Form 11S is a new form. This is the shortest and simplest of the Income Tax return forms. It will be sent to a targeted audience of compliant taxpayers whose affairs are not overly complex and who have income below a certain threshold. It will also be sent to non-compliant taxpayers whose tax records do not indicate that the large Form 11E would be more suitable. There will be no printed stock version of this form, nor will the form be available on the Revenue website – see 2 below"
...
"2.1.Requests for the Form 11S
As mentioned above, this form will be sent to those customers to whom it is deemed appropriate; as it is a very shortened form it is not suitable for customers whose affairs require a more detailed tax return.
As it has a targeted audience, there will be no blank stock of this form available, nor will the form be made available on the Revenue website."

So, this person's employer may or may not have them on the books properly, we can't know either way, but it's pretty clear the issuing of the Form 11S is unrelated.
 
Hi Khublei

Your friend has nothing to worry about in terms of a tax bill.

1) I presume she has not been getting payslips? How long has she been working there? She is entitled to a payslip.

2) If she was there at 31 Dec 2011, she should have got a P 60 by now. She should ask the accountant for a P60.

Do that first and then let us know the outcome.

3) I presume that she does not have a contract of employment? I wouldn't bother asking for it at this stage as the payslip and P60 are more important.

Brendan
 
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