My previous employer didn't paid tax for FY 2022-2023. I've gone through everything possible options that I know such as contact employer, ATO, Fair work.
Employer not responding. ATO says contact Fair work, and Fair work says it's not their jurisdiction contact ATO.
And now I heard employer deregister their abn July 2023.
I am in dilemma what to do.
Thnx in advance for your suggestions.
Hi @Bcool
You've said that your employer didn't pay any tax, we need more info.
The employer's obligation is to withhold tax and pay it to us. If they withheld tax from you but didn't pay us, you can still claim the PAYGW amount on your return. It'll be up to us to get the money from the employer.
If no tax was withheld, you'll be responsible for the tax payable when you lodge your return.
To check if any amount was withheld you can
Make sure you keep a record of your calculations in case we ask you to show how you calculated it.
Hi @Bcool
You've said that your employer didn't pay any tax, we need more info.
The employer's obligation is to withhold tax and pay it to us. If they withheld tax from you but didn't pay us, you can still claim the PAYGW amount on your return. It'll be up to us to get the money from the employer.
If no tax was withheld, you'll be responsible for the tax payable when you lodge your return.
To check if any amount was withheld you can
Make sure you keep a record of your calculations in case we ask you to show how you calculated it.
Hi Sandra,
Employer always deducted tax amount from my wages and I received amount after tax to my bank account.
I haven't received any single payslips for that year, I always asked to provide me payslips and she always making excuses.
I complained regarding this matter to Fair work including remaining annual leave payment and superannuation that she didn't pay to me as well.
They enquiry those things and conclude with the business abn has deregister and they can't do anything.
But the business is still running with the same owner may be with new abn.
This is so unfair to me. I am helpless.
Thank you.
Hi @Bcool,
Do you have access to online services (myGov linked to us)?
Even though you didn't receive payslips it's possible they were still reporting your income and tax withholding to us. If they were you should be able to see an income statement showing from them in your online services.
If you believe they were doing the wrong thing and avoiding their tax obligations, then you may need to report that to us. This can be done by lodging a tip off via our website.
Hi Anita,
Yes I have My gov account linked with ATO.
The income statement shows $0. And it's says Tax not ready. It's showing overdue for lodgement.
Thank you.
Hi @Bcool,
Darn, it was worth a try to see if there was anything reported to us for you.
As per @AnitaATO advice I would be reporting a tip off.
You can use our gross pay estimator, to help you estimate your income. This can be found on our Lost or missing payment summary page.
Hi Deb,
Thanks for your suggestion. If I estimate the amount and lodge tax assessment do I have to pay tax from my side to ATO?
My ex employer withheld tax from my wages and I received only amount after tax(Net amount). And she didn't paid to ATO.
And how to lodge tax there is no prefill data and amount.
Thank you.
Hi @Bcool
That's a tricky one hey. 🤔
Inside the link provided in our last reply is a Gross pay estimator.
Use this, to help you estimate your total yearly income. This will give you an estimate of your gross pay using your net pay for a particular pay period, either weekly, fortnightly or monthly.
Gross pay is before tax and net pay is after tax. You have your after-tax payments received in your bank account that you can use in this tool to work out your Gross pay estimate. Then you fill this into your tax return.
Did they make any super contributions for you? You can find this out direct from your superfund.
Then you may want to report any unpaid super from them as well.
With the Income statement, do both Income AND tax say $0?
We can't say what will happen with your tax return once you have lodged. As said in the first reply from us, initially it may show you are liable to pay the tax.
If you've reported through the tip-off line, that will help your case.
Hi @Bcool
If you're not an employer. You wouldn't be paying the PAYGW.
Yes, you've let us know the info is missing and yes, our exact process is for you to provide an estimate, even when the amount isn't prefilling.
Once you've put this info in your income tax return, you'll get an estimate of whether or not you'll receive a refund or not.
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