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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15915
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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ve been living apart from my wife since 1987 but have been

Resolved Question:

ve been living apart from my wife since 1987 but have been continuing to support her.i have retained my previous address last year.it was suugested to me that i should now change my address to where i now live.i have been claiming married couples allowance over those which i thought was correct. ihave now been advised thatthat was not so.have i been claiming incorrectly and should i notify hmrc accordingly
Submitted: 2 years ago.
Category: Tax
Expert:  TonyTax replied 2 years ago.
.

What were the dates of birth and your wife? Is the maintenance tyou pay her voluntary or under a court order. If it is under a court order, what was the date of the court order?
Customer: replied 2 years ago.

both my wife but and mself are late 80year olds.i do not pay maintenance but i mainta\in a joint bank account with her into which
my state pension of 9100 plus goes.i have set her up with ample funds

assist her in every way .aor relatainship remains good. i have no interest in the property .

Expert:  TonyTax replied 2 years ago.
Thanks.

Leave this with me while I draft my answer.
Customer: replied 2 years ago.

do i now wait on line whilst you draft your answer. will it be recorded here so that i can question if required

Expert:  TonyTax replied 2 years ago.
You need do nothing until you are happy with my answer. You can questions. My answer will be posted here.
Expert:  TonyTax replied 2 years ago.

again.

You can find the criteria the married couple's allowance here.

You and your wife were both born before 6 April 1935 but you aren't living together as a married couple and you don't appear to be separated through circumstances which would allow you to keep the married couple's allowance as set out here so really you should not have been claiming it since the late 1980's..

In tax terms today, the allowance isn't worth much but over 28 years, the tax relief you have had will not be insignificant.

I cannot tell you what to do I'm afraid as that is something you are going to have to decide but if you do tell the tax office that you have been claiming the married couple's allowance under the misapprehension that you could, I doubt that they will go back 28 years and ask the tax saving you have had back but nothing is impossible. They may go back six years or if you are lucky, somebody may take the decision to leave the past alone, stop the allowance from now on and cite your age as a mitigating factor so.

The fact that you haven't told HMRC of your address since you separated doesn't help your case. I'm afraid that you are stuck between a rock and a hard place. If you do decide to tell HMRC and they beocme difficult, then I'd advise you to contact your local Citizens' Advice Bureau or the people here.

I hope this helps but let me know if you have any further questions.

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