Informing HMRC in USA

[Melancholic Mage 112]

Apologies if this is in the wrong forum section as this scenario is a bit mixed.

 

I resigned from my job on September 18th to emigrate to the USA. I was promised by my employer I would get a P45 in the post. I need this to inform HMRC about my exit from the UK to pay or claim back any income tax as stated here: https://www.gov.uk/guidance/get-your-income-tax-right-if-youre-leaving-the-uk-p85 You cannot proceed any further online without it.

 

I entered the USA on October 1st and I still have yet to receive my P45 after multiple attempts of chasing it. I sent an email on October 13th, just short of one month since I resigned, asking for them to send my P45 via post or email as this is a legal obligation on their part - otherwise if I don't hear back from them in one week's time I would inform HMRC of their failure to comply.

 

I finally get an email today from my old employer (just as I was looking into how to contact HMRC overseas) stating that they no longer send out P45's. They instead gave me some external access link for people who have left the business that allows you to make various requests from HR - from colleague cards, payslips, but no P45 option is listed. I went with the closest option and outlined my situation, giving them one more week in order to send me the information I need to inform HMRC or I would follow-up in reporting them. The worst part about this is the deadline to inform HMRC to my understanding is October 31st.

 

Does any of this even matter, doesn't the IRS/HMRC talk to each other anyway? Or should I continue on my warpath to get my P45 to get all of this finalised? If I DO need to contact HMRC, can anyone advise on the best way to do so while in the USA? (Cheapest options, if someone from the UK can do it on my behalf, etc.)

 

I'm stuck in limbo here and I can't even move my life savings/UK funds over until I know for sure I don't owe any money back in the UK.

[Tesco 70]

As an employee, your former employer is obliged to send you a P45, (3 parts). This can be emailed to you, (password protected) soon after your final payment. You should be able to do a rough estimate of your tax liability from worldwide income to the date your left the UK, (providing you meet HMRC's SRT as a non resident). Your UK earnings will have no impact on the IRS return for 2024, as you only became a 'U.S. Person' on arrival, (unless you voluntarily opted to file MFJ with your U.S Spouse). As such however, you now declare your worldwide income to Uncle Sam, to include FinCEN114 if you hold more than $10,000 outside the U.S, even for a day (simple form).

[SL2024 70]

I wouldn't wait around tbh. If I were you I would contact HMRC ASAP.

[SL2024 70]

Can you not submit a P85 without the P45 and provide a reason why? 

[Melancholic Mage 112]

11 minutes ago, Tesco said:

As an employee, your former employer is obliged to send you a P45, (3 parts). This can be emailed to you, (password protected) soon after your final payment. You should be able to do a rough estimate of your tax liability from worldwide income to the date your left the UK, (providing you meet HMRC's SRT as a non resident). Your UK earnings will have no impact on the IRS return for 2024, as you only became a 'U.S. Person' on arrival, (unless you voluntarily opted to file MFJ with your U.S Spouse). As such however, you now declare your worldwide income to Uncle Sam, to include FinCEN114 if you hold more than $10,000 outside the U.S, even for a day (simple form).

 

They insist they can't email it to me. I have to wait and see what this new HR external source says that I just submitted a request to about an hour ago. I may even owe my workplace money due to maximizing my leave entitlement before I resigned from the company. It's a bit messy.

 

Please explain abbreviations SRT and MFJ? I'm unfamiliar with a lot of things and very much learning day-by-day. I don't deal with taxes, pensions, etc too well.

 

The $10,000 threshold outside the U.S.A - does that take into account currency conversion or not? And I believe pensions overseas count towards this, yes?

 

8 minutes ago, SL2024 said:

I wouldn't wait around tbh. If I were you I would contact HMRC ASAP.

4 minutes ago, SL2024 said:

Can you not submit a P85 without the P45 and provide a reason why? 

 

I'm not trying to wait around, believe me. I chased them about this before I even resigned. They lied through their teeth and kept promising I would get my P45 before I left the country. My husband was not willing to wait any longer to return to the States so he could return to his work - he told me should I get it in the post my family would forward it on or let me know. Convinced, I agreed because frankly I didn't want to stay in the UK for any longer than necessary due to personal circumstances and reasons.

 

I could print the P85 and explain why but it feels like a lot of work, time, stress, and money, when I could submit the correct form online instantly for free. Once I get my P45 that is. To get international minutes to call HMRC, I may have to pay extra regardless. I'm trying to avoid any fees or charges since I have no income and little access to funds right now. I'm still trying to find my feet.

 

I do want to call HMRC and 'tell on' my employer out of spite at this point, however.

[Tesco 70]

SRT stands for Statutory Residency Test. It’s a series of tests HMRC makes to consider if you are still UK resident for taxation. For example if you work outside the UK for an average of 35 hours a week, then you’re a non UK resident straight away. You’ll only then be taxed on UK income. MFJ means Married filling Jointly, your US husband will know what to do with the annual 1040

As for FinCEN114, if all your assets are over $10k, then you need to file. Pensions are a little murky, but generally if a private pension then it’s reportable. Company pensions are not held in your name and therefore not normally reportable. Hope this helps and that

you’re settling in ok…

Edited October 21 by Tesco
Typo

[SL2024 70]

24 minutes ago, Melancholic Mage said:

 

They insist they can't email it to me. I have to wait and see what this new HR external source says that I just submitted a request to about an hour ago. I may even owe my workplace money due to maximizing my leave entitlement before I resigned from the company. It's a bit messy.

 

Please explain abbreviations SRT and MFJ? I'm unfamiliar with a lot of things and very much learning day-by-day. I don't deal with taxes, pensions, etc too well.

 

The $10,000 threshold outside the U.S.A - does that take into account currency conversion or not? And I believe pensions overseas count towards this, yes?

 

 

I'm not trying to wait around, believe me. I chased them about this before I even resigned. They lied through their teeth and kept promising I would get my P45 before I left the country. My husband was not willing to wait any longer to return to the States so he could return to his work - he told me should I get it in the post my family would forward it on or let me know. Convinced, I agreed because frankly I didn't want to stay in the UK for any longer than necessary due to personal circumstances and reasons.

 

I could print the P85 and explain why but it feels like a lot of work, time, stress, and money, when I could submit the correct form online instantly for free. Once I get my P45 that is. To get international minutes to call HMRC, I may have to pay extra regardless. I'm trying to avoid any fees or charges since I have no income and little access to funds right now. I'm still trying to find my feet.

 

I do want to call HMRC and 'tell on' my employer out of spite at this point, however.

 

Fair enough. Hopefully you manage to get this sorted out soon.

[Melancholic Mage 112]

8 minutes ago, Tesco said:

SRT stands for Statutory Residency Test. It’s a series of tests HMRC makes to consider if you are still UK resident for taxation. For example if you work outside the UK for an average of 35 hours a week, then you’re a non UK resident straight away. You’ll only then be taxed on UK income. MFJ means Married filling Jointly, your US husband will know what to do with the annual 1040

As for FinCEN114, if all your assets are over $10k, then you need to file. Pensions are a little murky, but generally if a private pension then it’s reportable. Company pensions are not held in your name and therefore not normally reportable. Hope this helps and that

you’re settling in ok…

 

1 minute ago, SL2024 said:

 

Fair enough. Hopefully you manage to get this sorted out soon.

 

Thank you both. I understand a little better now and I'll be sure to ask my husband about the 1040, but they may have to ask their family/my in-laws for clarification and guidance.

 

To be honest I've been struggling to settle but I imagine that's understandable and comes with the turf. I considered making a thread about it but I don't want to come across as 'whiny' or 'snowflakey'. If I dare speak out a bit, people have been witch-hunted on here for less. Or worse, for more.

[SL2024 70]

Just now, Melancholic Mage said:

 

 

Thank you both. I understand a little better now and I'll be sure to ask my husband about the 1040, but they may have to ask their family/my in-laws for clarification and guidance.

 

To be honest I've been struggling to settle but I imagine that's understandable and comes with the turf. I considered making a thread about it but I don't want to come across as 'whiny' or 'snowflakey'. If I dare speak out a bit, people have been witch-hunted on here for less. Or worse, for more.

 

It's understandable for you to still be settling in. Just takes a bit of time that's all.

[ScarletWitch6x 66]

2 hours ago, Melancholic Mage said:

I considered making a thread about it but I don't want to come across as 'whiny' or 'snowflakey'. If I dare speak out a bit, people have been witch-hunted on here for less. Or worse, for more.

You just moved to an entirely new country. Even if it is to be with the one you love, it is okay to take your time to settle in. Depending on what you are struggling with, some may be able to help you feel less alone in your adjustment. 

[Sam Burns 157]

4 hours ago, Melancholic Mage said:

To be honest I've been struggling to settle but I imagine that's understandable and comes with the turf. I considered making a thread about it but I don't want to come across as 'whiny' or 'snowflakey'.

There are other resources where you can find outlet, look up internations.org for a local branch near you. Also just do some reading about the process and things to think about as a new emigrant.

[SL2024 70]

I will be interested to hear how you get on with the HMRC issue though.

[Melancholic Mage 112]

Well, here's an update for posterity I guess.

 

External HR who now deal with payroll (SD Worx) gave me a list of instructions on how to register a new account to access payslips. But straight away on following the instructions, the portal asks for a 'company security pin' which isn't detailed at all in their guide.

 

I open up another ticket asking what the pin is, then send yet another email to my manager. My manager who is now working night shifts took about a day to respond, saying they didn't know, then forwarded the email to the defunct internal HR department that isn't outsourced. The head of which eventually replied another day later with what they thought was the pin, and to click on another link if I still can't gain access so they CAN EMAIL MY P45 TO ME. Wait, WHAT. WHY DIDN'T THEY DO THIS TO BEGIN WITH?!

 

The external HR company replied to my ticket in the interim saying they can't access my P45 and closed said ticket straight away. Which wasn't at all what I asked them to begin with (I asked for the company pin) so clearly they didn't even bother reading it. And since they closed my ticket immediately, I couldn't follow it up to explain to them in baby terms. Which is insulting to babies actually, given the incompetence thus far.

 

Back to the payslip portal I go, type in the code, it goes through, put in my credentials, and... account is already assigned to a user. Yes. It's ME. But logging it with my usual credentials doesn't work, because they locked my account after I left. It's disabled. So I'm completely stuck.

 

Clicking on the link my actual HR department gave me should nothing work - which nothing has or does - takes me straight back to raising a ticket with the external SD Worx. Again.

 

This entire s***show spanned over three days was the last straw. I told them (politely) that I would report their business failures to HMRC, and I'm seething that they said they could apparently EMAIL ME my P45 this entire time. After a MONTH PLUS of messages back and forth. Too little too late, and I refuse to raise another ticket attempting to explain when they do nothing but close it immediately after their own ignorant response.

 

So the link I posted back when I first opened this thread to HMRC's website states that you need the P45 to go through with reportedly leaving the country. This isn't true. I went through it for the heck of it and right at the end, it asks if you have pages 2 and 3 of your P45. If you select 'no', it asks you to detail why. Which I did. In very clear detail, explaining my employer and their outsourced payroll refuse to provide me with my legally-obligated document, and should they need further evidence, I have it in spades of screenshots and emails.

 

I'll post back with the outcome, see what HMRC do. I doubt they'll inform me about any sort of enquiry they open off the back of this, but I can't believe a well-known, big company chain like the one I worked in would allow such ignorance towards something that should be so basic.

 

 

[Tesco 70]

Pleased that you’re getting somewhere with this now. The P45 really shows earnings from April 6th and the final tax code and tax paid. Do you have an HMRC account? Handy for this sort of thing, as it’s in real time with your employer, so all up to date earning etc will be documented. I understand you wanted to get this sorted ASAP so you can then ascertain how much you can transfer to the U.S. 

hope your are starting to find your feet and settle. Oh btw,  it’s the December 31st exchange rate used for form FinCEN114. You may use the average exchange rate for uk sourced income, or the spot rate for the day if a single transaction. 

[SL2024 70]

I actually enquired with HR at my workplace about what their process as a result of this as I will be handing in my notice this week and they said to me that they post the P45 out and that I would receive it 2-4 weeks later. I did say to them that I would be moving to another country and they said I could amend the address on the HR system so it gets posted to a relative on my behalf who can then in turn post the P45 to me or take pics of it and send over to me.