Taxes... With-holding etc... help

[placidfemme]

I'm having a few issues with my pay this year. I'm not really sure what the fuck my boss is doing.

I have a Student loan, which makes my tax code "MSL". When I started here last year I put "MSL" on my tax form and handed that to my employer.

Yesterday he gave me an updated payslip (which I only recieve when I ASK for it... and its a yearly breakdown not a weekly one, which makes it a bit confusing for me to work out whats going on.

Anyway, the first week of work I got paid $40 less than my weekly average last year, my second pay was another $30 short (now $70 short compared to last year...) and then last week I got a another $30 off my pay (so I'm now loosing $100pw).

I queried my boss about this and he said it had something to do with IRD and my student loan. Something about IRD sending him a letter stating that I'm not paying the correct amount towards my Student loan and so he needs to increase it by 10%.

I asked to see this "letter" from IRD and was told it may take a while due to the letter being sent to the accountant and not my boss directly (I don't see what this has to do with anything). I got the feeling he was brushing me off.

So this morning I called up IRD and told them how much I am earning on my base pay (not including commissions) and asked them to work out my taxes and tell me how much I "should" be taking home after tax (see here: https://interact2.ird.govt.nz/forms/payecalc2007/)

Now from what that calculator works out my boss is actually correct to a certain degree, in the sense that he is only short paying me by about $30 a week.

I asked IRD to check my student loan and confirm my payments for last year. They recieved ZERO payments towards my student loan for the whole of last year :angry: :angry: :angry:

They also said that I'm on TWO tax codes. I'm on MSL for part of my taxes and "With-Holding" tax for the rest of my pay.

They told me that with Withholding Tax I will need to full out a IR3 (or something) form and pay my own taxes yearly... WTF???

Should my boss have told me about the with-holding tax? I didn't agree to this, and I certainly havn't kept any money aside to pay the tax on my withholding whatever the fuck it is...

I'm really shitty about this :angry: Not only has my student loan not been paid for a year but now I also have to fork out more $$ to pay taxes that should have been paid anyway...

Any advice???

[Mrs Busa Pete]

I would seek union advise hear sounds like you are being ripped of or the labour department. The other thing is that it is illegal for them not to give you a pay slip. You should get onto this quick smart. One other thing are you self employed that is only reason that i know that you have with holding tax.

[placidfemme]

I would seek union advise hear sounds like you are being ripped of or the labour department. The other thing is that it is illegal for them not to give you a pay slip. You should get onto this quick smart. One other thing are you self employed that is only reason that i know that you have with holding tax.

Well... As far as I'm aware I'm not Self Employed.

The thing is with this company is that we (4 of us) started this company from the ground up last Feb. We started off working from my bosses apartment and have now worked our way to where we are.

The first 2 months we worked for him we didn't recieve pay under the understanding that until our sales come through the "company" had no money. Which was fine we were prepared for that and we agreed to that. When we first started getting paid (I had already fulled out the IRD form with "MSL") my boss wouldn't confirm if we were being taxed or cash under the table. Having gone for 2+ months with no money coming in (living off my pay-out from bike insurance when I wrote it off) I didn't ask questions as the insuance money was running thin.

Once our sales started coming in and things were picking up I requested a contract, along with weekly payslips and for my pay to be put into my bank account.

Now... months later, still don't have a contract, still not getting payslips and still recieving cash each week. I hassled him non-stop last year about this, and due to financial issues recently Sam and I can't deal with this bullshit anymore. I've put a lot of effort into this company, moulding and running the telemarketing department and the admin department myself from scratch to an efficently running business.

I know that my boss is having issues with IRD (long story - not relating to this business) and I want to confront him about this today but then I'd have to admit I called IRD which may make him shitty... But I don't know anything about "with-holding" tax and he could speel off a bunch of bullshit and I won't know if what he is saying is true or not. Which is my problem...

So do only Self Employed people with--hold tax?

[yungatart]

With holding tax is paid by people who earn commissions. If you earn commissions you are self employed.
Self employed people who do not earn commissions do not pay withholding tax
Go and see an accountant - Citizens Advice Bureau often have those sort of services free for a first consult.
Sounds to me as though it is a lack of communication on your employers part - or perhaps you weren't listening to that bit.
Do you have a contract - it should all be explained in there.

[Karma]

Well if he's been taking tax off you, but not paying it, he's pocketing it.

Front him up about it.

[placidfemme]

With holding tax is paid by people who earn commissions. If you earn commissions you are self employed.
Self employed people who do not earn commissions do not pay withholding tax
Go and see an accountant - Citizens Advice Bureau often have those sort of services free for a first consult.
Sounds to me as though it is a lack of communication on your employers part - or perhaps you weren't listening to that bit.
Do you have a contract - it should all be explained in there.

I earnt commissions at both my previous jobs (Telemarketer & then Telemarketing manager), and they never did any withholding tax thing for me. My tax stayed the same (MSL) for the combined 5 years I worked at those two jobs.

It does sound like a lack of communication. I pay attention to every detail when it comes to commissions, pays and so forth. I'm not only looking out for my own job but I'm also very focus on getting my staff (Telemarketers) as much money as they deserve too. Nothing was mentioned in regards to my commissions or my staff's commissions. The first time I've ever heard "with-holding tax" was this morning on the phone to IRD.

As I've stated, I don't have a contract or agreement of any sort.

[placidfemme]

Well if he's been taking tax off you, but not paying it, he's pocketing it.

Front him up about it.

I will be once he shows up at the office.

[pervert]

If you earn commissions you are self employed.

What garbage!

I've been earning commission in my job for 6 years and I'm not self employed. I'm starting a new job next week where I earn commission as well, and I won't be self employed there either.




As I've stated, I don't have a contract or agreement of any sort.

Then get one sorted, quickly!

[Mrs Busa Pete]

Well i still think you should ring the labour department. And inland revue and explain to them that he has been bee taxing you and also taking your student loan money and that you have been told that he has not payed it to them. You really need to talk to people in the know ie labour department before you confront him so that you a sure of you facts before hand.

[jrandom]

(a) Your boss is fucking you over. Talk to an accountant. Cover your arse. This could turn to shit very quickly, and believe me, the IRD doesn't GAF either way. You don't want to be left holding the tax bill.

(b) Don't do another day's work without a written contract, and let this be a lesson to you not to work without a contract again, even in a business that may have started as a joint venture between friends.

[imdying]

Cover your arse. This could turn to shit very quickly, and believe me, the IRD doesn't GAF either way. You don't want to be left holding the tax bill.YOU DO NOT WANT TO BE LEFT HOLDING THE TAX BILL.As the man says, the IRD does not give a fuck, they just want there money, and they will get it.

[Guitana]

You should've been notified by written letter if the deduction from your pay was going to increase and you should've got a copy from your employer of the letter that IRD sent you to confirm that this was the case!!
You need to contact IRD direct and talk to someone about the deductions being taken from your wages.
Don't accuse your boss of anything until you find out the facts or it might blow up in your face!

[Ixion]

If you are an employee, then your employer is obliged by law to deduct PAYE from your earnings. How these earnings are calculated (ie, wage rate per hour, salary per month, commisions, any combination thereof ) makes no difference. You can be paid entirely by commission but still be an employee This is quite common.

The other possibility is that you are not an employee, you are a self employed contractor. In this case usually, you will be responsible for making you own tax payments. Normally you will invoice the person you are working for , they will pay your invoice (normally you will charge GST also), and you will pay icome tax (on an IR3) once a year. The worker will have a contract with the employer .This is the typical scenario for contracted tradesmen, and is common in other industries, eg IS.

Because of problems caused by employers trying to claim that employees are actually contractors, IRD has rulled that in certain industries *(there is a list - I will post it when I find it), the employer must make tax deductions (normally at 20% ) even if the worker is on contract . These are called withholding paymenst or deductions . The worker is still liable to sort out their own tax, the reason for the withholding payyments is that too many people were gettign a horrible surprise at the end of the year when they ahd a huge tax bill they were not expecting and had no money to pay it.
IRD are quite fussy about the distinction bewteen an employee (paying PAYE) and a contractor (paying their own tax and/or withholding payments). You can't just decide to be whichever you want. There are some criteria here http://www.ird.govt.nz/resources/file/eb30820197cb654/ir336.pdf

Based on what you say, I would be surprised if you were not an employee, though every situation must be assessed in its own right. If you are an employee then your employer MUST deduct PAYE from all earnings , including commission, at the rate on your tax declaration (MSL in your case).

Whether you are paid commission has nothing to do with whether you are self employed and liable to withholding tax .

I suggest that an initial step would be to contact IRD, explain your situation and ask for an opinion whether you are an employee or self employed. If they consider you an mployee then all is simple. (for you, maybe not for your boss !)

[crashe]

Do as the others have said.......

But also take someone with you to the meeting with your boss.
Someone who knows about this IRD/with-holding tax stuff, who can back you up and also not let him fob you off and talk all over you.

You really do need someone there with you in this meeting.

[Macktheknife]

As I've stated, I don't have a contract or agreement of any sort.

PF, go immediately to an employment law specialist, seriously. I know a good one if you like.
It is illegal to not have a contract for employment, your employer has an obligation to provide you with an employment contract, payslips and information on a regular basis. This person is screwing you over, and IRD will take it out on you. Get a lawyer fast.

[RantyDave]

Agreed with Fish.

(a) Your boss is fucking you over.
Your boss is, indeed, fucking you over. Furthermore, what gives with this "work without pay" shit? That's called sweat equity, it's effectively an investment in the company for which you should have been compensated - traditionally with part ownership in the company, but it can also be a big wedge of cash. The number you're looking for is 25%.

Talk to an accountant.
Talk to the company's accountant. The external accountant - a chartered one - with a reputation to defend ... not Janet who does the books on fridays. Talk to them yourself. Get them to _FUCKING_ _WRITE_ _DOWN_ what they hell has gone on with your income tax over the last few years.

Don't do another day's work without a written contract, and let this be a lesson to you not to work without a contract again, even in a business that may have started as a joint venture between friends.
Absolutely. If you do start a business with friends you should at least write down your intentions and sign them. It might not have that lawyery goodness about it, but it's pretty hard to defend against a statement with someone's signature next to it.

Are you a director of the company? You are only the director of a company if you signed something from the IRD saying you are a company director, so if you don't know then the answer is no. As a company director pulling this shit you can be hung drawn and quartered by the IRD. They are both willing and able to tow cars, reposess houses etc. etc. In short your boss has to sort this shit out properly, right now, or you are able to get the state to remove his wedding tackle for you. The state does not like being stolen from, not one little bit.

Let me know how it goes. Sort this out now!

Dave

[Ixion]

From what you say, I think the position may not be quite as dire as some may think.

You appear to have had approximately the correct amount of tax deducted (except perhaps for the studant loan, but is it possible that with the "non paid" months, you annual average wwith this employer will be below the repayment cutin point ? ).

The "short pay" of $30 per week, may be because he is deducting PAYE from your commission payments - if so, he is quite correct. If you are an employee the tax you pay is simply based on how much money you get in a given week - how it is derived is irrelevant.

I suspect your employer is treating tax deductions correctly but trying to have you classified as a contractor (in which he is probably out of line) There are a number of advantages for employers if they can have their workers classified as contractors - you are not protected by the Employment Relations Act, the employer is probably not required to provide paid holidays ,and it is much easier to sack you. So he may be covering his arse with the IRD , but trying to screw you over as regards status. Which at least will not leave you in the shit with the IRD.

[placidfemme]

Thanks all, you've given me a bit to think about and research into. At the rate the business is running this year we are getting commissions once a month (so far only one this year). My base pay on the "non-commission" weeks should be the same weekly. When I get commissions they should tax me on the whole amount (example: Gross Pay = $100 and Commissions = $100. So he should be taxing me on $200, not taxing those seperatley... if that makes sense).

Edit: In regards to a contract. I have hassled him and our HR Manager about contracts on almost a weekly basis. And have been advised this is being "worked on".

I am not a director of the company. When we started the company we had the option of being "part directors" or something but I declined due to the risk of the company falling over being so new at the time. Also I know nothing about running a company and all that carry on.

[Shadows]

Now from what that calculator works out my boss is actually correct to a certain degree, in the sense that he is only short paying me by about $30 a week.

I asked IRD to check my student loan and confirm my payments for last year. They recieved ZERO payments towards my student loan for the whole of last year :angry: :angry: :angry:

I'm really shitty about this :angry: Not only has my student loan not been paid for a year but now I also have to fork out more $$ to pay taxes that should have been paid anyway...

Any advice???

I got screwed like that too. There is nothing you can do about it.
I ended up getting taxed at over 50% for a over a year until I caught up with the loan repayments the wankers were supposed to be deducting from the start. And yes, the IR12 I filled out did show G-ED or whatever.

[Ixion]

,,When I get commissions they should tax me on the whole amount (example: Gross Pay = $100 and Commissions = $100. So he should be taxing me on $200, not taxing those seperatley... if that makes sense).

,,.

Yes. Exactly correct . Tax on $200. Incidentally even though you do not have a *written* contract, your employment is still subject to an employment contract. A verbal contract is quite lawful, just more subject to argument. An employer must put the contract into writing when requested to do so.

It would be worth while also asking what your accrued holiday pay is so far. You may get a surprise.

[placidfemme]

It would be worth while also asking what your accrued holiday pay is so far. You may get a surprise.

Yeah... we had that discussion last year and I did get a nasty surprise. According to him he was paying me my 6% weekly in my pay (which I can't confirm or deny because of lack of payslips). We had a discussion regarding holiday pay when we first started being paid and I made my department decide what they wanted... 6% each week or save it up for the holidays. ALL of us wanted it for our holidays.

At the end of the year we all got big pay checks (well cash) which looked correct at first. But then I noticed we'd had 3 commissions the last week of work, so I asked the boss why we weren't being paid for these, and he said "you have been", which made us inspect our pay a little closer, and my holiday pay for the year was something stupid like $600. I confronted him about this and he said "you all wanted your 6% in your pay each week". Which is absolute bullshit. So there was a shit storm that day when I had to explain to my staff what had happened. All of us where present when we told the boss what we wanted and we all remembered it. My boss denied us telling him that. :angry:

It was the last day of work, 3 of my staff walked out (and havn't returned), and the remaining staff all have attitudes this year (which is fair enough... I do too). He has assured us that this year he will keep that 6% aside for the holidays. But again nothing is in writting, and if he's denied this shit in the past he will do it again.

I know I'm being fucked over. All I want to do right now is sort this shit out to make sure I'm not going to be left with a lump sum bill from IRD.

Sam and I are planning to move to Tauranga, so we need to find a new old age home for my gran down there, find jobs and then my boss can go fuck himself.

Edit: So right now I'm not fussed about the no contract thing because then I don't need to give him any notice. And he'll be screwed without me to train someone new to do my job's

[Ixion]

Yeah... we had that discussion last year and I did get a nasty surprise. According to him he was paying me my 6% weekly in my pay (which I can't confirm or deny because of lack of payslips).

This is not normally legal even if the worker agrees to it (there are some exceptions. None would appear to apply in your case ).
See http://www.ers.dol.govt.nz/holidays_act_2003/pay_as_you_go.html

Incidentally 6% will not be the correct figure after 1st April

[The_Dover]

you boss sounds like a cunt.

I can empathise cos mine is too, I dont think he likes paying much tax either.

[placidfemme]

you boss sounds like a cunt.

Hit the nail on the head there.

[Pumba]

Just went though a simular amount of bullshit last year in regards to contract and figuring out what I was owed etc.

Its all sorted now as I started a New job with a new company in January

Not sure what the demand is in your line of work but I tell them where to go stick it.

[placidfemme]

Not sure what the demand is in your line of work but I tell them where to go stick it.

The demand isn't too bad, with my experience (all experience... no actual qualifications) I can do Call Centre Management, Settlements Officer (property... so banks, real estate companies etc), basic office admin (was Admin manager at previous job before being asked to take over the call centre) and can do telemarketing (but I HATE telemarketing).

I've been burnt twice in the field I'm in right now working for property companies. I'm not keen to work for another one. I'm also really sick of Auckland, so when we look at moving to Tauranga I don't care what kind of work I do, as long as it covers the bills and doesn't stress me out like this place does.

*would even be an underwater porcelain technician again if I had to*

[MSTRS]

Edit: So right now I'm not fussed about the no contract thing because then I don't need to give him any notice. And he'll be screwed without me to train someone new to do my job's

You have that option (and go on unemployment) BUT there will probably be a 26 week stand down if you voluntarily leave a paid job. Better to approach IRD, dob that prick of a 'boss' and get your arse covered (no gain without pain?)

[placidfemme]

You have that option (and go on unemployment) BUT there will probably be a 26 week stand down if you voluntarily leave a paid job. Better to approach IRD, dob that prick of a 'boss' and get your arse covered (no gain without pain?)

I won't be leaving until I have another job lined up. I'll be the first to admit that most times I'd cut off my own nose to spite my face... but now I also have to consider Sam's future too as all our debts and whatnot are in both our names, and it wouldn't be fair on her to suffer cause of my problems.

[Phils Motorcycles]

whoops need to login on my account rather than work!!!

[KLOWN]

after you leave sounds like you need to drop him in the shit. My girlfriend didn't get paid her holiday pay when she worked at a cafe and she called the labour inspector and he went to the business and found lots of people weren't paid correctly and all sorts of problems they had huge fines to pay and my girlfriend got her holiday pay. Make sure you know what car he drives, his address his license plate number etc because my girlfriends bosses shut up the bussines and tried to hide. The labour inspector was useless at finding him me and my gf had to look through the electoral role to find them for the inspector so he could do his job

[placidfemme]

after you leave sounds like you need to drop him in the shit. My girlfriend didn't get paid her holiday pay when she worked at a cafe and she called the labour inspector and he went to the business and found lots of people weren't paid correctly and all sorts of problems they had huge fines to pay and my girlfriend got her holiday pay. Make sure you know what car he drives, his address his license plate number etc because my girlfriends bosses shut up the bussines and tried to hide. The labour inspector was useless at finding him me and my gf had to look through the electoral role to find them for the inspector so he could do his job

lol another long story but IRD know exactly who my boss is. All I'd have to do is mention his name and they'd be on him. Looking back now there have been so many signs to leave before the shit hit the fan, but as usual I tried to be loyal and have ended up fucking myself because of it.

[LilSel]

I tried to be loyal but have ended up fucking myself instead.

:love: ............

[placidfemme]

:love: ............

you are terrible... and no you don't get a show!

[LilSel]

you are terrible... and no you don't get a show!

Didn't ask for one :shifty: :bleh:

(I'd get myself in trouble!!...)

[placidfemme]

(I'd get myself in trouble!!...)

lol yeah would be fun listening to you explaining that to Mon... haha :dodge:

[LilSel]

lol yeah would be fun listening to you explaining that to Mon... haha :dodge:

mmm... maybe...

'she was just teaching me a new trick alright!!!' geeeee!!!!!! :innocent:

[placidfemme]

'she was just teaching me a new trick alright!!!' geeeee!!!!!! :innocent:

LMAO I don't think she'd like that much... but then again I'm so innocent :innocent: and pure I don't think I could teach you any tricks

[LilSel]

but then again I'm so innocent :innocent: and pure I don't think I could teach you any tricks

Very true... :shutup:
Oh well... It sounded good lol...


Back on topic... Hope ya get the tax stuff sorted out

[placidfemme]

Back on topic... Hope ya get the tax stuff sorted out

No not yet. Havn't talked to the boss yet. He's sitting 2m away from me as I type, but I'm leaving in 20 mins to do my full so don't wanna bum myself out for that. I'll be confronting him about it tomorrow.

[avgas]

what placidfemme said - sort yourself out now cos sounds like the company is gonna cop some shit soon.
been there done that - and its best you look after yourself

[jrandom]

I second Ixion's points about the likely situation re. withholding tax, but given that your boss has historically proven himself to be a cunt, you're in danger of being screwed over, or at least having your life made difficult for a while. I'd never put myself in that position. When I take on a job, either Fish Limited is invoicing monthly, including GST, or Mr Fish is a full-blown vanilla employee on salary. No medium ground.

With regards to the contract, write one yourself. Just state responsibilities, hours of work, rate of remuneration, and termination conditions. Employment law will fill in the blanks for you. Sign two copies, take them to your boss, talk through it with him and tell him that unless he disagrees with anything in there, you'd like him to sign both copies now. Tell him that you'll be happy to execute any future variations required for clarification.

If you can't take a calculator and work out within 60 seconds how much cash you should be walking away with every month, then something is seriously amiss.

[spookytooth]

employers are ment to keep wage books that are ment to be sined by you each pay. you are also alowed to check them over every thing thats taken out of you pay should be in it.also theres reconcilation forms employers have to fill and send in each month and keep a copy. ask to see both.
{book and recon slips}.as for with holding tax if your paying that then you can claim expencise like car/ bike runing costs .the wage book :P A Y E book should have each deduction itamised

[Beemer]

I'm self-employed and get witholding tax taken out of my money before I get it - about 25% or 30% I think. I don't earn it for commission though, I get it for my writing and photography work.

Sounds like this guy may have set you all up as contractors and advised IRD you would be paying your own tax, then didn't bother to tell you that. If he has been doing this, you need to talk to someone at IRD and find out if he has ever paid any tax on your behalf, or any student loan contributions. Sounds a bit dodgy to me, so I'd get it sorted asap before you find yourself in even more debt.

[Ixion]

These are the business activites where self employed contractors are liable to withholding tax


<table border="1" cellspacing="0"><tbody><tr class="oddrow"><th>Activity</th> <th>Normal tax rate</th> <th>Rate if no tax code declared</th> </tr> <tr> <td>Agricultural contracts for maintenance, development or other work on farming or agricultural land
As of 1 April 2006, these include horticultural, and viticulture companies.^{1 (http://www.ird.govt.nz/payroll-employers/deductions-employee-payments/withholding-tax/emplyers-wt-activitiesetc.html#1)}</td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr class="oddrow"> <td>Board of trustees or community board members</td> <td align="right">33c</td> <td align="right">48c</td> </tr> <tr> <td>Caretaking or acting as a watchman</td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr class="oddrow"> <td>Cleaning office, business, institution or other premises (except residential) or cleaning or laundering plant, vehicles, furniture etc</td> <td align="right">20c</td> <td align="right">35c</td> </tr> <tr> <td>Commissions to insurance agents, subagents and salespeople</td> <td align="right">20c</td> <td align="right">35c</td> </tr> <tr class="oddrow"> <td>Company directors' fees</td> <td align="right">33c</td> <td align="right">48c</td> </tr> <tr> <td>Contracts wholly or substantially for labour-only in the building industry</td> <td align="right">20c</td> <td align="right">35c</td> </tr> <tr class="oddrow"> <td>Demonstrating goods or appliances</td> <td align="right">25c</td> <td align="right">40c</td> </tr> <tr> <td>Droving</td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr class="oddrow"> <td>Fees payable to examiners</td> <td align="right">33c</td> <td align="right">48c</td> </tr> <tr> <td>Forestry or bush work of all kinds or flax planting or cutting</td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr class="oddrow"> <td>Freelance contributions to newspapers, journals etc (articles, photographs, cartoons etc) or for radio, television or stage productions</td> <td align="right">25c</td> <td align="right">40c</td> </tr> <tr> <td>Gardening, grass or hedge cutting, or weed or vermin destruction (other than residential or agricultural premises)</td> <td align="right">20c</td> <td align="right">35c</td> </tr> <tr class="oddrow"> <td>Honoraria</td> <td align="right">33c</td> <td align="right">48c</td> </tr> <tr> <td>Jockeys' or drivers' riding or driving fees paid to New Zealand residents (apprentices' shares: normal rate 15c, no-dec rate 30c)</td> <td align="right">20c</td> <td align="right">35c</td> </tr> <tr class="oddrow"> <td>Mail contracting, transport of school children, milk delivery or refuse removal</td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr> <td>Modelling</td> <td align="right">20c</td> <td align="right">35c</td> </tr> <tr class="oddrow"> <td>Non-resident contractors:^{2 (http://www.ird.govt.nz/payroll-employers/deductions-employee-payments/withholding-tax/emplyers-wt-activitiesetc.html#2)}</td> <td> </td> <td> </td> </tr> <tr class="oddrow"> <td> - work in respect of construction, installation, assembly and similar projects </td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr class="oddrow"> <td> - professional or technical services in respect of such projects </td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr class="oddrow"> <td> - hire of equipment or personnel (other than as employees) </td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr> <td>Non-resident entertainers visiting New Zealand^{3 (http://www.ird.govt.nz/payroll-employers/deductions-employee-payments/withholding-tax/emplyers-wt-activitiesetc.html#3)}</td> <td align="right">20c</td> <td align="right">n/a</td> </tr> <tr class="oddrow"> <td>Participation by New Zealand residents in professional sporting events (other than horse racing or trotting)</td> <td align="right">20c</td> <td align="right">35c</td> </tr> <tr> <td>Participation by non-residents in professional sporting events of any nature^{3 (http://www.ird.govt.nz/payroll-employers/deductions-employee-payments/withholding-tax/emplyers-wt-activitiesetc.html#3)}</td> <td align="right">20c</td> <td align="right">n/a</td> </tr> <tr class="oddrow"> <td>Planting, sowing or gathering potatoes or vegetables</td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr> <td>Proceeds from sales of:</td> <td> </td> <td> </td> </tr> <tr> <td> - eels (not retail sales)</td> <td align="right">25c</td> <td align="right">40c</td> </tr> <tr> <td> - greenstone (not retail sales)</td> <td align="right">25c</td> <td align="right">40c</td> </tr> <tr> <td> - Sphagnum moss (not retail sales)</td> <td align="right">25c</td> <td align="right">40c</td> </tr> <tr> <td> - whitebait (not retail sales)</td> <td align="right">25c</td> <td align="right">40c</td> </tr> <tr> <td> - wild deer, pigs or goats or parts of these animals</td> <td align="right">25c</td> <td align="right">40c</td> </tr> <tr class="oddrow"> <td>Shearing contracts</td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr> <td>Share-fishers on contract for the supply of labour only</td> <td align="right">20c</td> <td align="right">35c</td> </tr> <tr class="oddrow"> <td>Street or road cleaning</td> <td align="right">15c</td> <td align="right">30c</td> </tr> <tr> <td>Television, video or film - on-set and off-set production processes (New Zealand residents only)</td> <td align="right">20c</td> <td align="right">35c</td> </tr> <tr class="oddrow"> <td>Theatrical, musical, stage, concert, radio or television performances by entertainers resident in New Zealand</td> <td align="right">20c</td> <td align="right">35c</td> </tr> </tbody></table>

[pixc]

Sam and I are planning to move to Tauranga, so we need to find a new old age home for my gran down there, find jobs and then my boss can go fuck himself.

If your coming to tauranga...there is a huge skill shortage in the Kiwifruit industry from March through to June. The work ranges from office to coolstore stuff, Forklift driving to truck driving. Theres also the other stuff, packing fruit, grading etc.. :sick: The pay is average at best starting at $12ish (is why Tauranga is called $10 Tauranga)

If the casual staff are to the liking of management, chances are full time employment is offered.

Tonnes of different companies...all advertising now. Key positions are being filled atm, later on, shed staff. That reminds me..Im looking for about 60 staff for a packhouse at Papamoa.

As for Retirement villages/homes, let me put it to you this way, you wont be short of choices.

[geoffm]

Can't add much that hasn't already been said, but do your legwork with the IRD before you drop the boss in it. I didn't have an employment contract in my last job, which lasted for 7 years, and we left on good terms as they retired. It was a special case and it would be a cold day in hell before I had no contract as an employee otherwise.
I suggest a few dollars spent at an accountant and an employment lawyer may be well spent to find where you stand and what your obligations are, and a word with the company accountant or auditor. Ask for copies of your payslips, they are obliged to give them to you, and a summary at the end of each year. Keep them in a safe place as hopefully that will show that tax has been deducted and will give you a first line of defence against the IRD.
Don't stuff around with the IRD, they make the Mob look like pussies. The fact your Boss took the money for tax and didn't hand it over won't stop them chasing you for it.
Get it sorted, then give your ex boss a going away present of a labour Dept and IRD audit...
Geoff

[Oakie]

First up, if you were being paid holiday pay you must be classed as an employee and should be taxed fortnightly under your MSL code, not withholding tax. I don't see how it could be any other way. Contractors are NOT paid holiday pay.
Second, the employer MUST forward the deductions to the IRD fortnightly or monthly depending on the size of the business. If student loan money has been deducted but the IRD don't have it then that is a problem.