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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If someone has a limited company working for (locum nursing

Resolved Question:

If someone has a limited company working for (locum nursing agency) for just a couple of months and has not yet sent in a tax return and then transfers the directorship to another person in an attempt to hide earnings. How will you find out that they have been working for the same company if you do not know the locum agencies they have been working for?
Submitted: 3 years ago.
Category: Family Law
Expert:  bigduckontax replied 3 years ago.
Hello, I'm Keith and happy to help you with your question.
As you may know a director is an employee per see and must be remunerated under PAYE arrangements. Were they not an employee they could operate under the self employed regime. The ending of a directorship may, of course, be entirely innocent and have nothing to do with tax matters.
When working under a PAYE regime the company would have to make real time submissions to HMRC.
Hiding earnings is a criminal offence and a matter with which it is better not to be involved. As indeed is making a false declaration on a tax return. The financial penalties alone can be quite severe.
Customer: replied 3 years ago.

What I want to know is that if the person owns a limited company and she is the director. But few months before a self declaration for financial arrangement in a divorce proceeding suddenly changes the address and the director of that limited company in an attempt to hide her earnings, how will you prove to the courts that she has been or is still working for the said limited company?

Expert:  bigduckontax replied 3 years ago.
I regret that you are in the wrong forum. This is a matter for the relevant legal advisers to handle and I will attempt to change the category.
Customer: replied 3 years ago.

So what happens next? Is that all? I thought you were going to transfer me to family law. Am yet to hear from them. I will do the rating when a get a satisfactory answer. Hope that is ok.

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about her interest in the company please?
Clare
Customer: replied 3 years ago.
she opened the company in december, worked for a few months and now she said she is not working and the company has a new director who happens to be her boyfriend
Customer: replied 3 years ago.
she opened the company in december, worked for a few months and now she said she is not working and the company has a new director who happens to be her boyfriend
Expert:  Clare replied 3 years ago.
Hi
But she was the one who founded the company?
What work does the COMPANY do?
Clare
Customer: replied 3 years ago.
It is a limited company working for nursing agencies. Yes she founded the company.
Customer: replied 3 years ago.
You havent answered my question yet. She founded the company working for a nursing agency
Customer: replied 3 years ago.
My WIFE opened a limited company in December 2014. It is a limited company and she was the sole owner. She works for an NHS Trusts part time and for differnt nursing agency most of the time under the company name Koigor's Venture. In March she changed the director of the company to her current partner (father of her first son)and told me that she is not working but she is still working for this company not as PAYE. iF SHE DOES NOT DECLARE HER EARNING FROM THIS COMPANY, HOW WILL i PROVE THAT SHE HAS BEEN WOKING FOR THIS COMPANY THE TIME.
Customer: replied 3 years ago.

My WIFE opened a limited company in December 2014. It is a limited company and she was the sole owner. She works for an NHS Trusts part time and for differnt nursing agency most of the time under the company name Koigor's Venture. In March she changed the director of the company to her current partner (father of her first son)and told me that she is not working but she is still working for this company not as PAYE. iF SHE DOES NOT DECLARE HER EARNING FROM THIS COMPANY, HOW WILL i PROVE THAT SHE HAS BEEN WOKING FOR THIS COMPANY THE TIME.

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Can you just tell me what stage of the Financial proceedings in the Divorce you have reached (this will allow me to give an indication of your next move)
Clare
Customer: replied 3 years ago.
we have been sent a voluntary self declaration forms to fillm I am sure her disclosure will not be complete.
Expert:  Clare replied 3 years ago.
Hi
Thank you that is useful.
Can you tell me - does she recruit others for the NHS or did she simply use this as a way of being self employed?
Clare
Customer: replied 3 years ago.

As a way of being self employed. Now she is claiming that she has not been working but I know she has because each time I ring the house, the children tell that she has gone to work for an agency.

Expert:  Clare replied 3 years ago.
Hi
In that case you can simply ask for details of all invoices issued by the Company in the last year and refuse to reach an agreement until they have been produced.
If need be then the matter will have to be dealt with within a formal financial application - during which process the Court can Order the production of documents
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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