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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My question is regarding my ex husband is about to be made

Customer Question

My question is regarding my ex husband is about to be made bankrupt and to avoid this he is trying to get me to take on his share of the tax liability that arose from a partnership that we had when we were married. Whilst we were married he had substantial income from properties that he let. When things fell apart, i found it quite difficult to focus on anything other than raising my children and making sure the business was being run. He chose to come into the business & to take from it as he chose , he never announced to anyone that he had left the partnership.
My question is he able to now tell HMRC that he has changed his mind about not being responsible for the profits that were allocated to him. He is trying to add these to my tax liability. The years in question are 2011, 2012 , 2013,2014. Our divorce was finalised in October 2014.
Submitted: 2 years ago.
Category: Law
Expert:  Sam replied 2 years ago.
Hi Thanks for your question I am Sam and I am one of the UK tax experts here on Just Answer. No he cannot - he was listed as an active partner and would seem not only took income from the rental income but also happily declared his share of the position through his self assessment tax return, so he will not be able to ask for those liabilities to be loaded onto you.He would needed to have had a formal letter sent to HMRC taking him from the partnership position and just an aside if the proprieties were in his name even in this instance he would still have been treated as it being his income (if in joint names then 50% of rents are allocated to each of the married couple unless an election is made to differ this split in which case evidence to support this would exist) Let me know if I can be of any further assistance Thanks Sam