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

[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

I'm really shitty about this 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.

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_...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:Me]

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