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Salary overpayment - Net vs Gross


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I left an employer and they continued paying me.

 

They state that the figure I owe is net. However, if I chose to repay in installments and the total amount wasn't repaid by the end of the tax year then the full amount of the debt becomes payable gross and resolution of any tax issues with HMRC.

 

Is this correct ? Can they move the goal posts and disown responsibility for their mistake, using the tax year as the reason ?

 

I intend to repay the money and hope not have to query or question this statement but I have seen numerous overpaid threads on here and did wonder on the legality of my ex-employers statement.

 

Hope someone can advise.

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Repayment should always be net. Employers can contact HMRC and amend their previous year end returns - this gives then the tax & NIC's and adjusts your records. It can be done most small / medium employers may not have heard of this but ask them to speak to HMRC and explain that they made a mistake on the P35 / P14 and want to substitute an amended copy for your record. Hope this helps.

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Thanks 49, I thought it would be the case that the company is pressurising me either to repay quickly or to save them administrative effort. By the way they aren't small or medium sized they are a very large multi national with an award winning HR team (apparently).

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