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Maintenance calculated on ex partners declared tax code

7 replies

Iyra · 21/12/2024 17:37

Hi has anyone been able to successfully challenge maintenance payments calculated on a tax return declaration from an absent parent (he owns his own business and declares he only pays himself 10K per annum). Many thanks in advance

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SpunkyOchreGuide · 21/12/2024 17:55

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Wot23 · 21/12/2024 18:27

his accounts show his business profits. If he only takes 10k from them, then he only takes 10k and that is his overt taxable income for you to get at

ByQuaintAzureWasp · 21/12/2024 18:37

Iyra · 21/12/2024 17:37

Hi has anyone been able to successfully challenge maintenance payments calculated on a tax return declaration from an absent parent (he owns his own business and declares he only pays himself 10K per annum). Many thanks in advance

His income will be pay and dividends or directors loans. You need the company accounts as well.

Comefromaway · 21/12/2024 18:40

Dividends are entered on your self assesment so if he takes them it will show on his return. (I take dividends)

Sparkle123r · 21/12/2024 20:21

If you do not agree with the taxable income provided via HMRC you should request a mandatory Reconsideration, and then appeal to HMCTS if required.

You need to request an additional income variation separately if you believe he draws dividends. You can raise this online via your account. Any dividends drawn will not be automatically included otherwise. CMS can request this info from HMRC once you raise the change, they can't consider it, I less you raise it. They don't need his company accounts or his self assessment return.

Some people are successful in their Mandatory Reconsiderations, some are not. Every case is individual and you can't predict the probability of yours being successful based in someone else's.

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