advice please - employed in DHs company but telling me not a real job

[greenberet]

hi currently divorcing DH for adultery - financial side complicated and he is being extremely controlling. I am employed as company secretary, get payslips and have to pay tax but do not actually do a job - DH set ltd company up on this basis as more tax efficient - i have been advised to apply for tax credits but he is saying there is no job - i do not have a contract of employment although have been under this set up for 8 yrs. I am also a 50% shareholder and so he declares dividends in my name but they have always gone into a joint pot until 6months ago when he is paying them into his personal account. he has told me I have a large tax bill to pay - which he normally took care of - and as i have no funds to pay this will have to take out a loan which Im not sure I can actually get. to make matters worse OW is employed by company - I am being controlled left right & centre by him - every avenue I try & go down is blocked by him saying cant do that - I have said I will speak to Inland revenue but he is saying be careful not to implicate yourself ( I am not a
Director)- I am considering speaking to ACAS - he has previously threatened to set up a new company that I will have nothing to do with when I didnt comply to a previous situation. I know my sol can help but I am running out of money - Im feeling trapped - just hope someone can point me in the right direction - thanks

[SunshinePickle]

If you are getting payslips even if you don't have a contract you are employed. You should also be getting the dividends from your shares. He's trying to scare you into not getting things which are legally yours.

[Theas18]

Interesting. Sounds like both financial abuse and fraud to me!

Solicitor or even a forensic accountant might be worth a thought.

I don't think you can be help responsible if you haven't actually had any money, and if you are employed the tax is PAYE and should have been deducted at source by DH company and paid by them not you!

[Alibabaandthe40nappies]

DH and I have a Ltd company. I am 50% shareholder and receive dividends in line with that, but I do not have a salary because I do not actually do a job - well a few hours of admin a month but nothing that would justify a salary HMRC's eyes.

You need to lay all this in front of your solicitor and let them sort it - you own half that company. You need to tell them that your DH has been paying your dividends into an account you can't access, and I'd also be tempted to throw him under the wheels of HMRC for tax avoidance.

If the tax bill he is talking about is based on your dividends then he must be earning a very large amount due to the way it is calculated.

[greenberet]

hi thanks all - you have confirmed what I am thinking - I have a solicitor but have limited access to funds - dh knows this & is using this up with as much mucking about as possible -forensic accountant being considered but again cost. dividends are declared but i dont see the money - he has used intimidation on me before with the mediator and contact so i know he is capable of that. Salary is below threshold for PAYE and yes dividends were significant last year but all of a sudden the company seems to be nosediving.

[Hoppinggreen]

The fact that you are a 50% shareholder gels you I think.
In theory you need to approve his wages, divis etc. if you own half the Company you have as many rights as him as far as I am aware.
Do you have access to Company accounts?
You need to speak to an accountant, shouldn't cost much for a 1 hour session. Make sure it's one who knows about comany set ups etc

[Bowchickawowow]

If you are not a director and have not been receiving dividends it is highly unlikely you would be held responsible for any irregularities that are exposed as you challenge this.

[greenberet]

thanks for replies - I am making more enquiries