Do I legally have to tell my husband I claim child benefit

[mumsneedwine]

So child benefit is paid to me, but DH has to fill in a tax return which asks if I claim it. Do I have to tell him ? I thought the law gave me the right to independent taxation and its not family income they are asking about. So, if I put in writing to my DH that I refuse to tell him as its my benefit am I breaking any law ? Ta.

is this to do with the cut in child benefit for people earning over a certain amount?

Surely it is the children's benefit, not yours and it is paid to one or the other of the carers for the children. Thus, they can cross check the address at which it is received against your tax return / benefit details.

I think if your income is such that you are no longer due any child benefit then you should be honest and accept that a benefit, designed to help those in need, is no longer "yours" to spend.

Why would you NOT tell DH you claim child benefit? Your entitlement is measured against his income (if you're not working).

It's an interesting question. The benefit was given to the woman because it was designed as income for her (to spend on the children of course) that did not come via a man, in the days before women were (allegedly) more financially independent.

Sadly, you do have to tell him because it isn't a question about your independent tax situation. It's the entitlement to benefit that is combined and you have to declare it one way of another. Sorry. FWIW I don't agree, just explaining how it is.

I'm not sure about legal retirement to tell your partner/ex-partner but there is a (sort of) mechanism in place for the person to find out. See here: www.hmrc.gov.uk/childbenefitcharge/problemsgettinginformation.htm

There is a choice of sorts, you can choose either to tell him or not to claim.

heh... for 'retirement' read 'requirement'

I think he is obligated to ask , surely he knows anyway as if he was registered for a tax return a letter was sent to him earlier in the year.

He does know but it seems a daft system where I am now legally required to discuss my finances with my husband. Is it 1950 ??? I do work (v hard) & hubbie just over £50k so we have jo idea how much we will owe. Just wondered if a lawyer could tell me if the law now compels me to be honest. If I lie to husband that isn't an offence surely ????

PS. if this is the system why is it not possible to tax those on their joint income ? Our friends both earn £40k, are civil servants so manage to never be on same shift so no childcare, take home over £2000 a month more than us, but still get child benefit. So why ?? It was the only thing I ever had from the state, after 30 years as a tax payer. All in this together ? Doesnt feel like it.

It seems to work on how much you are entitled to receive. So presumably if you won't tell him he has to assume to receive your max entitlement and declare accordingly.

Which itself is illogical, but maybe it was the lesser of several unspeaking evils.

Ffs.
Unappealing evils.

You are not legally required to discuss your finances with your husband. As Riksti points out, he can find out from HMRC whether or not you are getting child benefit and whether or not you are earning more than him.

Lying to your husband is not an offence. Claiming Child Benefit when one of you is earning more than £50k is.

It's not an offence to claim it !! perfectly legal - I want my state pension protected - and he will declare it. Just v unfair. I shall put my pinny on and get back to being a chatel of my husband.

You aren't a chattel. Either of you could receive the benefit for your joint children, it just so happens that you do. Household income is considered for various benefits.

If he earns over £50k but under £60k the taxation charge will be less than the amount received, plus it's only a charge on the amount received since 7th Jan, so won't be much this year.

It's not just about him being your DH, or even the other parent of the DC that gives him a right to know. Neither of my DC's parents (me or my ex) earn over £50,000 but my DP is obliged to declare whether I receive it, just because I live with him.

But I think the link that riksti gave answers your question. You don't legally have to tell your DH, but he DOES legally have to find out, and if necessary HMRC can do this for him.

Three of the kids aren't his - they are my sisters who died. But he will still be taxed on their child benefit. Wish we could afford to do without it but 5 kids (2 at uni with no financial hekp) and a SE mortgage leave us with v little each month. Ah well, better get back to work.

Did I read somewhere that there's a deadline of tomorrow for higher rate tax payers to fill out a self assessment form? Where do you get the form from

Viva, you have to register by tomorrow but not do the form.

Think it's www.hmrc.gov.uk/childbenefit.

The deadline for tomorrow is to just to register - you have til the end of January to fill it in if you do it online. I think you can get the form from the website, or by phone.

mumsneedwine - that is unfair isn't it? You presumably took the kids on in the knowledge that there was at least a small bit of support from the government to help you out and now that's gone from a really crude dividing line that takes no account of family size or living costs, or even household income.

Household income for certain benefits is well established. The CB arrangement isn't that though - far from it, it's a tax matter. It makes one person's tax dependent on the income of another.

Linking an individual benefit to the tax return of another adult is band new, and when this new shambles was first announced, checking one adult's tax records against another's was a criminal offence.

This is indeed an erosion of independent taxation.

If your Dh earns just over 50k then you'll still be able to claim some CB. If you look on line it'll tell you how much.