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When your employer does not remit Pay As You Earn
Shak
#1 Posted : Monday, November 25, 2019 8:42:26 PM
Rank: Elder


Joined: 2/22/2009
Posts: 2,381
Location: Africa
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.
Impunity
#2 Posted : Tuesday, November 26, 2019 5:20:02 AM
Rank: Elder


Joined: 3/2/2009
Posts: 26,183
Location: Masada
Get a lawyer.
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

Gathige
#3 Posted : Tuesday, November 26, 2019 12:44:01 PM
Rank: Veteran


Joined: 3/29/2011
Posts: 2,098
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
thuks
#4 Posted : Tuesday, November 26, 2019 1:57:17 PM
Rank: Veteran


Joined: 10/8/2008
Posts: 1,527
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!
newfarer
#5 Posted : Tuesday, November 26, 2019 2:19:58 PM
Rank: Elder


Joined: 3/19/2010
Posts: 3,365
Location: Uganda
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
Angelica _ann
#6 Posted : Tuesday, November 26, 2019 2:37:34 PM
Rank: Elder


Joined: 12/7/2012
Posts: 10,994
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
Shak
#7 Posted : Tuesday, November 26, 2019 5:20:27 PM
Rank: Elder


Joined: 2/22/2009
Posts: 2,381
Location: Africa
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
Shak
#8 Posted : Tuesday, November 26, 2019 5:22:34 PM
Rank: Elder


Joined: 2/22/2009
Posts: 2,381
Location: Africa
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.
2012
#9 Posted : Tuesday, November 26, 2019 6:56:34 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,564
Location: Nairobi
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.

Stand for something or you will fall for anything. Today's mighty oak is yesterday's nut that held its ground. Rosa Parks
Thitifini
#10 Posted : Tuesday, November 26, 2019 8:24:48 PM
Rank: Member


Joined: 1/15/2015
Posts: 581
Location: Kenya
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 aresmile .

60% Learning, 30% synthesizing, 10% Debating
newfarer
#11 Posted : Tuesday, November 26, 2019 8:27:56 PM
Rank: Elder


Joined: 3/19/2010
Posts: 3,365
Location: Uganda
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
Shak
#12 Posted : Wednesday, November 27, 2019 8:15:59 AM
Rank: Elder


Joined: 2/22/2009
Posts: 2,381
Location: Africa
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 aresmile .


Light at the end of the tunnel. Thanks for the advice.
Angelica _ann
#13 Posted : Wednesday, November 27, 2019 8:36:10 AM
Rank: Elder


Joined: 12/7/2012
Posts: 10,994
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 aresmile .


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
mkenyan
#14 Posted : Wednesday, November 27, 2019 12:27:32 PM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,778
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 Pray
Shak
#15 Posted : Wednesday, November 27, 2019 5:09:29 PM
Rank: Elder


Joined: 2/22/2009
Posts: 2,381
Location: Africa
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 aresmile .


Light at the end of the tunnel. Thanks for the advice.


Do you have your P9 forms for the periods?

Yes, I do @AA
newfarer
#16 Posted : Monday, December 02, 2019 6:25:10 AM
Rank: Elder


Joined: 3/19/2010
Posts: 3,365
Location: Uganda

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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