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When your employer does not remit Pay As You Earn
Rank: Elder Joined: 2/22/2009 Posts: 2,449 Location: Africa
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So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government.
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Rank: Elder Joined: 3/2/2009 Posts: 26,328 Location: Masada
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Get a lawyer. Portfolio: Sold You know you've made it when you get a parking space for your yatcht.
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Rank: Elder Joined: 3/29/2011 Posts: 2,242
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Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. @Shak, It's the employer's responsibility to deduct and remit PAYE. You are therefore not exposed since deductions were made on your pay, but the rogue employer did not remit. "Things that matter most must never be at the mercy of things that matter least." Goethe
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Rank: Veteran Joined: 10/8/2008 Posts: 1,575
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Gathige wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. @Shak, It's the employer's responsibility to deduct and remit PAYE. You are therefore not exposed since deductions were made on your pay, but the rogue employer did not remit. Similar situation, but KRA won't issue me a compliance certificate hence I am 'exposed' I care!
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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Gathige wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. @Shak, It's the employer's responsibility to deduct and remit PAYE. You are therefore not exposed since deductions were made on your pay, but the rogue employer did not remit. Most employers in default are in default because they simply don't have money to pay not because they are rogue.The business environment is quite hostile on the ground punda amecheka
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Rank: Elder Joined: 12/7/2012 Posts: 11,908
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newfarer wrote:Gathige wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. @Shak, It's the employer's responsibility to deduct and remit PAYE. You are therefore not exposed since deductions were made on your pay, but the rogue employer did not remit. Most employers in default are in default because they simply don't have money to pay not because they are rogue.The business environment is quite hostile on the ground Counties also default in remitting PAYE, that to me is impunity. In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: Elder Joined: 2/22/2009 Posts: 2,449 Location: Africa
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Angelica _ann wrote:newfarer wrote:Gathige wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. @Shak, It's the employer's responsibility to deduct and remit PAYE. You are therefore not exposed since deductions were made on your pay, but the rogue employer did not remit. Most employers in default are in default because they simply don't have money to pay not because they are rogue.The business environment is quite hostile on the ground Counties also default in remitting PAYE, that to me is impunity. Exactly @Angelica Ann. They receive money from national government for salaries so it's not that there is no money. Those deductions must have gone into someone's pocket
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Rank: Elder Joined: 2/22/2009 Posts: 2,449 Location: Africa
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Gathige wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. @Shak, It's the employer's responsibility to deduct and remit PAYE. You are therefore not exposed since deductions were made on your pay, but the rogue employer did not remit. Unfortunately I can't get a tcc without clearing the 'debt'. I'll have to pay KRA a visit to find out what my options are.
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Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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thuks wrote:Gathige wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. @Shak, It's the employer's responsibility to deduct and remit PAYE. You are therefore not exposed since deductions were made on your pay, but the rogue employer did not remit. Similar situation, but KRA won't issue me a compliance certificate hence I am 'exposed' Since when did people start getting compliance certs for PAYE? Hiyo ni porojo. The worst is when you're employed by an international company through a subcontracted local HR agency that doesn't remit. I know of one such company and the arreas to KRA are in hundreds of millions but the question is, how did it get there? Clearly it's with the blessings of senior personnel in KRA. Kenya is just too corrupt. BBI will solve it :)
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Rank: Member Joined: 1/15/2015 Posts: 681 Location: Kenya
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Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. There is a reconciliation process done by KRA to clear this notice of unpaid PAYE. The employer most likely already paid it to KRA. This situation affects many. You need to get your former employer's KRA tax manager (from HR) and they will both reconcile your statements. This however might take a week or 2-3months depending how patriotic you are . 60% Learning, 30% synthesizing, 10% Debating
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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Angelica _ann wrote:newfarer wrote:Gathige wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. @Shak, It's the employer's responsibility to deduct and remit PAYE. You are therefore not exposed since deductions were made on your pay, but the rogue employer did not remit. Most employers in default are in default because they simply don't have money to pay not because they are rogue.The business environment is quite hostile on the ground Counties also default in remitting PAYE, that to me is impunity. for kanju it's just sleaze .I mean the private business are the ones that may be in arrears not because they want to but because they are just cash strapped punda amecheka
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Rank: Elder Joined: 2/22/2009 Posts: 2,449 Location: Africa
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Thitifini wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. There is a reconciliation process done by KRA to clear this notice of unpaid PAYE. The employer most likely already paid it to KRA. This situation affects many. You need to get your former employer's KRA tax manager (from HR) and they will both reconcile your statements. This however might take a week or 2-3months depending how patriotic you are . Light at the end of the tunnel. Thanks for the advice.
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Rank: Elder Joined: 12/7/2012 Posts: 11,908
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Shak wrote:Thitifini wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. There is a reconciliation process done by KRA to clear this notice of unpaid PAYE. The employer most likely already paid it to KRA. This situation affects many. You need to get your former employer's KRA tax manager (from HR) and they will both reconcile your statements. This however might take a week or 2-3months depending how patriotic you are . Light at the end of the tunnel. Thanks for the advice. Do you have your P9 forms for the periods? In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: Veteran Joined: 4/1/2009 Posts: 1,883
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2012 wrote:thuks wrote:Gathige wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. @Shak, It's the employer's responsibility to deduct and remit PAYE. You are therefore not exposed since deductions were made on your pay, but the rogue employer did not remit. Similar situation, but KRA won't issue me a compliance certificate hence I am 'exposed' Since when did people start getting compliance certs for PAYE? Hiyo ni porojo.
The worst is when you're employed by an international company through a subcontracted local HR agency that doesn't remit. I know of one such company and the arreas to KRA are in hundreds of millions but the question is, how did it get there? Clearly it's with the blessings of senior personnel in KRA. Kenya is just too corrupt. do you even know what a tax compliance certificate is? let us start from there
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Rank: Elder Joined: 2/22/2009 Posts: 2,449 Location: Africa
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Angelica _ann wrote:Shak wrote:Thitifini wrote:Shak wrote:So I found myself in this situation:
I've been filing my returns faithfully every financial year without fail. One day as I was browsing the itax platform, I discovered that I owe KRA about half a million in unpaid taxes and this basically matches the PAYE deducted by my previous employer for the years I worked there.
Question is, what should I do? Will I have to pay this money or can I compel my previous employer to remit what he deducted? Let me add that the rogue employer is a county government. There is a reconciliation process done by KRA to clear this notice of unpaid PAYE. The employer most likely already paid it to KRA. This situation affects many. You need to get your former employer's KRA tax manager (from HR) and they will both reconcile your statements. This however might take a week or 2-3months depending how patriotic you are . Light at the end of the tunnel. Thanks for the advice. Do you have your P9 forms for the periods? Yes, I do @AA
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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https://mobile.nation.co.ke/
The counties seems to also have issues that are not within their control.if funds for salaries are delayed, then statutory deductions remittance will also suffer punda amecheka
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