Balancing Statement / Separation

johnners911

Hi, I hope someone can advise me a little.

My wife and I separated a couple of years ago, slowly but surely and as I have been ill, I have only been able to work for some months in each of the past two years. Before that I worked full time and supported my wife as a student. She has since moved to a 50k job in 2021 and I have been struggling to keep a roof over my head. In all the chaos of the past while, neither of us changed our joint assessment status. Rather naively, I expected her to be above board with anything financial.

I've just received a Balancing statement which shows an expected rebate (I only earned about 12k last year) but also a rebate for my wife which is roughly equivelant to what my personal tax credit would be if I were assessed as a single person (1700E). I looked back on last years statement to see a similar scenario. I also earned about 12k last year. She is in a salaried post, so it seems unlikely to me that she would have had overpayments two years in a row.

We havent lived together in the past two years and I have had no access to any of her finances, nor have I wanted to.

Am I right in thinking that she is cashing in on what should really have been a rebate to me on the tax I paid on my low income? Or am I completely wrong on this?

I'd really appreciate if someone could help clarify this for me.

Thanks, J

Mellor

You are still legally married. And continued to be asses for tax purposes as a couple (joint assessment). Is that correct?

If that's the case, it's a but unfair to accuse somebody of cashing in, when you filed a joint assessment. You may be able retrospectively adjust.

FWIW, its a bit naïve to assume a salaried position would not overpay tax. Tax is paid conservatively by payroll. It doesn't account for any expenses claimed. Without seeing the full details how you you know. You can request the get the full details and see how it was calculated.

How much Tax did you pay last year in total? Total sum of both rebates?

johnners911

Thanks for that, and yes I don't want to be unfair, we are still legally married and being assessed jointy, so nothing illegal has happened.

Total tax paid last year was 6,634

Total of both rebates 2,231

nhg

If you don’t wish to continue being joint assessed you can inform Revenue of the date of separation and they will update your civil status to separated from that date and both of you will be responsible for your own taxes from that date.

The assessable spouse will be responsible for the taxes of both up to the date of separation.

Bobby1984

She may be getting the benefit of the full married person tax credit on income tax return but maybe this is split on your tax credit certs. If you didn't need it (not enough income) it makes sense to claim on your end of year IT return and ye both get a portion of the refund generated. In this scenario, if you were singly assessed, the credit would go to waste if you didn't have adequate income and she would pay more tax.

Without seeing details of figures, it's just not possible to tell. If ye are still on good terms, you could ask her for a copy of the computation or Form 11

Mellor

https://www.boards.ie/discussion/comment/120149957#Comment_120149957

My tax paid, I meant the tax you have personally paid, not the total.

Rebate was to be the total, so thanks.

johnners911

https://www.boards.ie/discussion/comment/120154211#Comment_120154211

Ok thanks again,

In 2021, I paid 1,762 in tax and "overpaid" USC of 252. Total rebate was 2,030. Personal tax credit of 3,300 was in my wifes name

In 2022, I paid 1,679 in tax. Total rebate was 2,231. PTC in wife's name of 3,400

Does this help? I can give more figures if you can make more sense of them.

johnners911

https://www.boards.ie/discussion/comment/120154153#Comment_120154153

It's a long story that I won't go in to here, but basically I moved to Ireland from UK to support my then fiancee as a student. As a result of the last couple of years, I have ended up ill, homeless and almost destitute and recently made the decision to return to family in UK. So I will no longer be contributing to either a joint or single tax assessment in Ireland. What annoys me about this is that if I'm right, then last year I could have had enough for a deposit for a place and not had to pay through the nose for a bed in a shared dormitory.

What's more galling is that my wife is claiming rent tax credit at couple's rate (none of which I will see) She has also taken over the dependent relative credit, which was for my son who no longer lives with either of us as he is older and independent now.

EDIT, just re-reading your post, is it possible to backdate the date of separation? Im guessing it isn't. I havent really been in a position to sort all this out until now.

johnners911

Thanks, if you're right, then I'm very wrong and would need to wind my neck in! I have the statements of liability and balancing statement for this year and will provide any figures if you think you can clarify it for me. My thinking was that we are essentially separated and if I had been assessed separately then I would have had any tax paid fully refunded as I earned less than the 17000 threshold but paid substantially more than I received back.

nhg

Yes, when a separation date is submitted the income tax is recalculated from that date. In the year of separation the assessable spouse (which sounds like your ex-wife from your posts) will be responsible for both their own and your income tax from the 1st January up to the date of separation.

Once revenue are notified of the separation date they will write to both of you. You should also submit any legal separation documentation you have any.

From the date of separation going forward you will have the single person tax credits. After the date of separation you may also be eligible for the Single Person Child Carer Credit if your son was living with you.

Please read link below re Dependent Relative Tax Credit - unless your child was your carer you were not eligible for that tax credit

https://www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/index.aspx

At any stage you could have contacted Revenue and transferred your own rate band and tax credits back to yourself or as many as you needed to cover your own tax in the tax year.

The only tax credit that’s not transferable between jointly assessed spouses is the employee tax credit and the maximum transferable rate band is 9,000.00

iniscealtra

Agree with nhg. Get your seperation documentation and contact Revenue. They’ll sórt it then. Sure they won’t know you’re seperated unless you tell them.