My (ex)-employer didn't file IR21

[neolaw]

Hi,

I have been working here for 2013 with two employers (total income is taxable way over the threshold of 20k). My second employer didn't file IR21 when I tender my resignation.

I only found out that today (1 week after my last day). I'm leaving Singapore on Jan 14 and they promise to file IR21 on 2nd Jan OFFLINE, which would take 21 days.

Is there any venue in which I directly pay my tax to IRAS and leave Singapore in peace?

[sundaymorningstaple]

Did you give your employer at least one full month of notice before your intended last day of work?

[neolaw]

Yes, I DID give my employer ONE FULL MONTH notice (in November) in both writing and e-mail.

(sorry for the caps if it is offensive. I want to highlight the words)

[sundaymorningstaple]

Take your exit permit (embarkation card (printer printout that was given to you when you gave the employer your S pass for cancellation) and proceed to IRAS at 55 Newton Road (corner of Newton Road and Thompson Road). Explain everything to them and be sure to take a copy of your salary vouchers for both jobs for the entire year. At the least, all the salary vouchers for your second employer, as the first employer should have already filed an IR-21 on your behalf previously. They will pull up that calculation and add the new income figures to that and recompute your tax liability. You should be prepared to pay the taxes due on the spot. You can go to the IRAS website and do a self calculation if you already know the income figures for both jos and how much you initially paid on the original IR-21 from the first job.

Be sure to recount to them exactly what the employer told you and when as the employer can be fined for late filing of the IR-21 up to an amount of $1000 per instance. This should be done to stop errant employers.

[neolaw]

Thank you. I will go and see the officers.

Actually, I think my second employer is very new (I am the first one to resign in their Singapore history). I feel pity for them (but rules are rules, right?)

[sundaymorningstaple]

There is no excuse as the websites are written in layman's terms so even a Singaporean Ah Beng employer should be able to understand them.

[zzm9980]

Yes, I DID give my employer ONE FULL MONTH notice (in November) in both writing and e-mail.

(sorry for the caps if it is offensive. I want to highlight the words)

Two things:

Can you prove you gave your notice on that date?
Did the company pay you everything they owed you without deducting taxed?

In such a case, you may be free and clear. Read this. Especially section 4 under General:

http://www.iras.gov.sg/irashome/uploade ... rmir22.pdf

4 You are also required to withhold any monies (including overtime pay, leave pay, allowances for transport, entertainment, gratuities and lump
sum payments, etc.) due to your employee from the day he notifies you of his intention to cease employment or when you decide to terminate
the employment or post the employee to an overseas location. If you are unable to withhold monies, state reason in Section D, item 18. If an
employer fails to comply and does not give valid reasons, he may be held liable for the tax that is owing by the employee.

[neolaw]

Thanks for the reply.

I can prove that (I have e-mail logs and they replied e-mail that they have received it).

Actually, I should not have informed them (they were planning to give me all salary and they haven't heard about IR21 when I first mentioned it to them).

Anyway, after back and forth and pushing through IRAS hotline, IR21 (offline) got done within a few days and I'm tax cleared. (yes, I have to pay over 1k).

Now, I'm happy and free to leave SG now.

Thanks again