Equal Rights for Cohabitating couples- Income tax assessed

kildarejoe1

Hi,

I have bought a case against the revenue commissioners with equality tribunal in regards to a cohabitation couple not being able to claim tax credits the same as a married couple or civil partnership on the basis of discrimination.

My argument is the department of social welfare(not sure if that is the correct title) treats an unmarried couple and married couples equally in terms of welfare payments. Why not revenue?

Deparment of Revenue have wrote back to me to say that the Murphy Case of 1979 was the reason behind that two single people living together could possibly be better off financially - that is the reason they can not claim the others tax credits.

I have too write back to the equality tribunal in the next three weeks - to put forward my argument and they have indicated that they will proceed with an investigation- but if I could get any assistance from the community on this it would be appreciated, as I have not idea on legal matters.

I would be interested in hearing peoples opinions on this, is the case in effect futile , do I/don't I have an case

Thanks

T1977

I thought the Revenue had introduced a 'civil partnership' where those in these relationships like yourselves are treated as married for tax pruposes.http://www.revenue.ie/en/tax/it/credits/married-persons-taxation.html

kildarejoe1

This is only for same sex couples I think- under - Capacity to become a civil partner-

Be of the same sex - for legal purposes, a person's gender is deemed to be the one he/she had at birth, even if he/she subsequently had medical procedures to alter his/her gender.

If either party doesn't fulfill even one of the above requirements, any subsequent civil partnership is legally void.

The_Bot

Not sure that Revenue are the right party to be dealing with here. Revenue are empowered with the care and management of the country's tax system (as a delegation of power by the Oireachtas) but the issue you have appears to be in respect of the actual tax legislation itself, which is published by the Department of Finance in the form of a Finance Bill each year.

Officially speaking, if the legislation says something is or is not possible, Revenue have no power to act in contravention of that legislation. Revenue are not a government department and, constitutionally, have no law making powers.

Stheno

I think it is based on article 44 of the constitution and the rights of the family etc

Evan La Crey

I really want to see a change in the law in relation to this. I'm really struggling financially and I live with my girlfriend and baby. She is a stay at home mother so I have to try to supoprt all of us but I can't claim tax credits as a couple because we're not married.

Yet when she applied for rent allowance they classed us as a couple and declined us rent allowance.

Two years ago in exactly the same situation financially, I was accepted for rent allowance, but in that case I was living with my sister, she was on a salary of Eur22,000, but my income was assessed on its own. Hers was not taken into account (of course).

In this case, I'm living with my girlfrend an I am on Eur22,000 and my girlfriend is unemployed so financially its the same, but in the person I'm living with is my girlfriend so for social welfare purposes, my income is taken into account when assessing her and we don't qualify.

I would really like to do something about this. We should be either classed as a couple for all financial purposes or single for all financial purposes. They should be able to define our status differently depending on what suits them.

And trust me, we are not better off by living together or whatever that 1979 case decided. We really need some help financially and extra tax credit would really help. Btw we don't qualify for family income supplement either.

Mr. Incognito

Marriage protection and promotion is enshrined in the constitution.

There was case law on this before when a mailed couple were paying more tax than single persons so they brought up the single persons tax.

You won't have a chance bringing a case citing social welfare as a marker as there is no requirement in the constitution to support those out of work.

There is a form you can fill out in your local registry office that will give you tax relief and inheritence rights. It's cheaper than a misguided court case

Dublinmuppet

Get married if u love her so much and want the lousy 1650 credit marry her

dm1979

Some people just don't want to get married, myself and my partner have been together for 17 years now and lived together for 16, we have 3 children all under 10 and I am a stay at home mum for the last 3 years. I have no family to invite to a wedding no one to give me away and have never felt the urge to get married because of this, I see a wedding as a big family event. Having said that we are completely committed to each other.
Why should I have to be married to share my tax credits, we share a mortgage, a bed, have been asessed as a couple for welfare when my other half was unemployed and have made a life and 3 children together.

Geuze

There were 5 people at my parents wedding.

That's all it takes. No need for party etc., that's just a choice.

It costs very little, maybe 100-200 euro?

Evan La Crey

Dublinmuppet wrote: »

Get married if u love her so much and want the lousy 1650 credit marry her

"Lousy 1650?" Well aren't u lucky to consider €1650 so insignificant?

The point is that the social welfare system gives u a status that affects ur financial situation without u being married or in a civil partnership, and it isn't fair that the same status does not exist in the tax system.

The government applies a different status when they are collecting taxes than when they are re-distributing tax revenue to this who need assistance.

Dublinmuppet

Evan La Crey wrote: »

"Lousy 1650?" Well aren't u lucky to consider €1650 so insignificant?

The point is that the social welfare system gives u a status that affects ur financial situation without u being married or in a civil partnership, and it isn't fair that the same status does not exist in the tax system.

The government applies a different status when they are collecting taxes than when they are re-distributing tax revenue to this who need assistance.

sorry only seeing ur message now as I was too busy spending the extra 1650 tax credit. Maybe the social welfare should adopt the revenue ways of doing things Regards *smug married*