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Post Info TOPIC: Closing down PAYE scheme on last day of year


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Closing down PAYE scheme on last day of year
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I am closing a PAYE scheme today as my self employed client is starting a Ltd company tomorrow.  Do I issue P60s as well as P45s to her staff?  Or just P45s?  Thanks.



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Master Book-keeper

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Why close the PAYE -isn't this a TOGS? Surely you shouldn't be issuing P45s but just changing the scheme.

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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



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No idea, I haven't done this before, I don't do much payroll. What is TOGS?

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Master Book-keeper

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Transfer of a going concern.

Is you client just taking an existing business limited? Plus all the staff with her?

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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



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She is self employed at the moment and is starting her own Ltd company tomorrow and taking all the staff with her.

I appreciate your help on this.

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Have a read of this www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

Not sure where HMRC are up to with changing things under TOGS. Certainly VAT is easy. PAYE - HMRC used to say its has to cease, tell HMRC its just a TOGS, set up new one, set up P45s but NOT issue them to staff. Need care here as this is a contract of employment issue, so not sure if you now issue P45s along with a letter about their rights transferring to the newco. Its a long while since I did this and the law changes! So if the guide doesnt say then a quick call to ACAS will tell you for sure whether or not to issue, alongside letter. Although I think you should be doing the letter anyway (from my memory). Care - HMRC only guide on their aspect, not on the employment law (which is something I mentioned in your last post), so you need to be at least guiding your client to the correct information

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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



Master Book-keeper

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Other option of course is to also speak to the Accountant looking after the transfer to the Limited.



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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



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Brilliant idea. They haven't contacted me yet despite the client writing to them. I think I will do the normal FPS today and then get them to let me know what they want to do going forwards. Thanks.

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Master Book-keeper

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I would be tempted to do the FPS too and probably even the P60s.

If your client has written to the Accountant then assuming they have received the letter they have permission to speak to you, so to be honest I would be just picking up the phone to them. Introduce yourself, ask if they have the letter and take it from there.  Most of them dont bite - although some do! lol



-- Edited by Cheshire on Thursday 31st of March 2016 09:22:18 AM

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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



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Thanks for your help on this, the accountant is going to sort it out so I'm just doing end of year as normal.

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I called HMRC because I wanted to make sure it was being done right. The PAYE scheme has to be closed and a new one opened. The staff are transferred over under "succession" though so don't need P45s.

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Master Book-keeper

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Princess wrote:

I called HMRC because I wanted to make sure it was being done right. The PAYE scheme has to be closed and a new one opened. The staff are transferred over under "succession" though so don't need P45s.


OMG - I thought they wouldve sorted that archaic rule out by now!!  Yet another example of their hopelessness.

Did you find out how the staff are being told about the transfer to the newco?  Just out of interest?



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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



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No, I kept out of it. After I finish off her bookkeeping for March I'm not doing any more for her, she's using her new accountant for everything and she uses an HR company for stuff like that. But they are all on zero hour contracts so I don't suppose it will be too much of an issue.

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Master Book-keeper

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Sounds like the best place to be, especially if its moved on!

Can I ask - is your real name Princess or is that just a forum name? Would you mind adding your name - I hate not using peoples names - just feels a bit rude, especially as we have swapped a few posts over the years!  biggrin



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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position

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