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tax relief on child maintenance.

  • 19-07-2010 5:28pm
    #1
    Closed Accounts Posts: 1


    Hi Guys,

    My partner is in a similar situation to Broke Dad. He never disputes paying 500 per month,only sees his daughter once a week and his ex is an absolute nightmare who uses their beatuiful little girl as bate.

    He wants to look into claiming tax back or tax credits for the maintenence he payS but dosent know how to go about it,any suggestions. (the maintenece has been documented through the court for record purposes)

    Thanks a mil!:)


Comments

  • Closed Accounts Posts: 9,376 ✭✭✭metrovelvet


    Tell him to call the tax office.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Are maintenance payments tax deductable?
    Seems a bit bizarre.
    Perhaps once someone has gotten good info from the Revenue Commissioners they might clarify this- it would possibly be helpful to crosspost it in other fora (with moderators permissions!!) such as the mens forum? It would be good information to have.


  • Closed Accounts Posts: 9,376 ✭✭✭metrovelvet


    You can get tax back if you have the child for overnights regularly.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Just checked it out link here

    3 scenarios exist-

    Voluntary payments of maintenance (to a former partner)
    In this case the person making the payments is not entitled to a tax deduction for them. The person receiving the maintenance payments is not obliged to pay tax on the payments. The person making the payment is entitled to a married persons tax credit (but not tax band!).

    Involuntary/Legally Enforced Maintenance Payments (to a former partner)

    In this case the person making the payments is entitled to a tax deduction for any payments made- however the payments are taxable income for the recipient and must be both declared and the relevant tax paid.

    Maintenance Payments of any nature made to/on behalf of children

    In this instance- the person making the payments has no entitlement to a tax deduction. The recipient of the payments (or their parent/guardian) is not due to pay tax on them.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Shane

    That's not entirely correct, if either parent has the child for any overnight stays during the tax year they can claim the appropriate tax credit.


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  • Society & Culture Moderators Posts: 25,948 Mod ✭✭✭✭Neyite


    smccarrick wrote: »
    Just checked it out link here

    3 scenarios exist-

    Voluntary payments of maintenance (to a former partner)
    In this case the person making the payments is not entitled to a tax deduction for them. The person receiving the maintenance payments is not obliged to pay tax on the payments. The person making the payment is entitled to a married persons tax credit (but not tax band!).

    Involuntary/Legally Enforced Maintenance Payments (to a former partner)
    In this case the person making the payments is entitled to a tax deduction for any payments made- however the payments are taxable income for the recipient and must be both declared and the relevant tax paid.

    Maintenance Payments of any nature made to/on behalf of children
    In this instance- the person making the payments has no entitlement to a tax deduction. The recipient of the payments (or their parent/guardian) is not due to pay tax on them.
    Cathach wrote: »
    Shane

    That's not entirely correct, if either parent has the child for any overnight stays during the tax year they can claim the appropriate tax credit.

    Cathach, they are actually 2 different items and both essentially are correct. basically, both OP and Ex are entitled to the single parents tax credit, in this you are correct, as the child shares both homes

    shane is also correct - sort of. the maintenance being outlined there is spousal maintanence, not child support. spousal support can be included in your tax computation, child support cannot be included to reduce your taxable income nor your tax liability.


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