overpayment of child benefit

markus87

Hi everyone.

Im just got a letter from child benefit section that my child benefit was overpayed from 01/03/2015-30/09/2015 that is no social insurance on the system for peroid time. this is very complicated but on this time a was in Ireland a was hardly working 5-6days a week. I'll try explain all situation:

01/01/2015- I was working in factory

01/02/2015-01/03/2015 I was doing a training for my future job

03/03/2015-30/09/2015 I was employed by a man who working for a large Irish company. He was deducted 20% off my payment I was agreed with it. But now I release that he didn't pay the tax to the revenue. As on records from revenue are only 2 weeks contribution pay. I have a statement from my bank and also copy of a cheque to proof that I was working for the men but child benefit section say no social insurance on the system so u wasn't work. What should I do on this strange situation. I'm living abroad and is hard to explain this situation by the phone or letter. But someone may help.

after this

01/10/2015-30/12/2016 working for this same men but a subcontractor. deduction 20% on my payment for tax. 2016 social insurance show 52S all ok

Thank you for all the advice

TooTired123

you owe 7 months child benefit back to DEASP as you are an EU citizen but for those months you were neither working or getting JSB. That’s a condition of you qualifying for child benefit.

They can see from your PRSI record that you weren’t.

You can apportion some of the responsibility to your employer but it was up to you to ensure that the correct deductions were made from your wages so I don’t think they’ll hear you.

All you can do is write back to them and make your case as you have here. It’s worth a try.

Btw, anything that happened before or after the period they’re identifying won’t have any impact on your case.

markus87

From the Prsi records looks like I wasn't work or take benefits but the fact is I was working. Is the payment not a proof of my employed . If no for what reason someone pays me every week. Shoud I contact child benefit or revenue. Also I have a old email from the company with jobs a have to do on next day. Sorry I'm know my english are not so good.

Dempo1

https://www.boards.ie/discussion/comment/121228481#Comment_121228481

The problem appears to be that the Department have no record of your employment. I have to presume you were being paid in Cash & not in receipt of "Taxable" income.

I'm not sure showing evidence of payment all these years later will change their decision

hawthorne

It looks to me that you was never employed by that company. You was made a subcontractor. Means you are entirely responsible for all your own tax affairs and anything else.

Ezeoul

If you were a contractor the 20% deduction may have been for Professional Services Witholding Tax, not for PRSI.

(eta) could also have been Relevant Contracts Tax

https://www.revenue.ie/en/self-assessment-and-self-employment/rct/rct-subcontractors.aspx

Check with Revenue.

markus87

01/03/2015-30/09/2015 show that I wasn't work. From 01/03/2015 till end of 2016 I was work for this same men but I'm became to subcontractor on 01/10/2015 to the end of 2016 and I have been payed by the cheques all the time. Form start till end of my work deduction on my payment was 20% form each week of payment for the tax etc.

markus87

https://www.boards.ie/discussion/comment/121229216#Comment_121229216

I was work for the men from 01/03/2015 till end of 2016 but on 01/10/2015 I'm became to subcontractor. I don't know if that company will be agree me to work without any social insurance or not pay tax. I have to do training for many thinks they needed. They was check me on some jobs did I use security rope harness etc. And the make a report. This company have arround 500 engineering all over the ireland

the_amazing_raisin

https://www.boards.ie/discussion/comment/121229681#Comment_121229681

If you're a subcontractor then you're no longer an employee and they won't pay your tax, you needed to pay the tax yourself

markus87

https://www.boards.ie/discussion/comment/121229694#Comment_121229694

When I was subcontractor I was pay everything and all this is ok with tax revenue Rct. But before I came to subcontractor I was or I shoud be registered by my employer. And I think he just take 20% of my weekly payment and didn't register me. Like I say it's hard to explain all this situation.

the_amazing_raisin

https://www.boards.ie/discussion/comment/121229787#Comment_121229787

Ah okay, did you sign any employment contract with your start date? Basically something you can show to revenue to say you were an employee

If you were an employee then they should have been paying the tax for you

Now in the end it's going to be tricky, you'll likely end up having to pay the tax you owed for the time you were an employee.

As I said, you'll need some documented proof that you were actually an employee, payslips or a contract or something

This should at least mean that you get to keep the child benefit

You might want to seek legal advice here, if your employer said they'd paid tax on your behalf and didn't then they effectively created the situation where you underpaid tax

The ultimate responsibility is with you to be tax compliant, but there may be grounds against your employer for underpayment of your wages

Moral of the story, get everything written down and keep a copy

markus87

I just have for period time: bank statement, cheques copy, lot's of email for work what they have to be done next day and correspondents after this situation:

"Me

Did u get it sorted with your accountant. Let me know.

Employer answer:

I was taxed 20% on all earnings from that date.u weren't registered for tax for 6 months but I was taxed 20% on all your earnings so i took it off you

I definitely told you this at the time as my accountant remembers this

If you were registered you would have paid 35%

Hope that sorts it out"

TooTired123

If you didn’t pay the PRSI for that period then it might be worth your while to ask DEASP if you can pay it now.