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Clare, Solicitor
Category: Law
Satisfied Customers: 35057
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My consent order was official in April 2008. Part of this included

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My consent order was official in April 2008. Part of this included my ex husbands potential tax liability due to EBT properties abroad, whereby I was made responsible for paying half of his half (he has a business partner) should this arise. I had to put a certain amount £62k into an account, he had to do the same, and the same amount again had to be placed in a joint account. It states in the C O that he should use his best endeavours to obtain the return of such assets (the properties) so as to meet the company's liabilities, and certain other endeavours to pay the IR. Nothing has been done in this respect, and now it would appear from letters I have received that HMRC have a case to reclaim the tax.
My query is, due to no efforts to sell properties, nor put monies aside from the rental income from the property in the UK, which is half owned by the ex husband, should I simply pay up or do I have a case to legally object to payment?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who has asked you for the funds at this point?
Have you written to your ex and asked what steps he has taken?
Customer: replied 3 years ago.
My ex has asked me for the potential payments backed up with copy letters from HMRC. The payments are potentially due end this month but ex and business partner are trying to delay and decrease payment. I know that ex and business partner are thinking of selling an apartment in Chamonix but this has not happened yet as far as I know, but they own a property locally which is owned by their pension fund, which they are the trustees and beneficiaries of, and have a significant income from that. I have duedil copy info of this which proves their income, profit, etc.
Customer: replied 3 years ago.
The ex always insists the 'company' doesn't exist anymore, which is true, but the building does. The property is owned by the pension fund which has trustees and beneficiaries who are my ex and his business partner. The company renting the property is Swarovski and have rented for many many years. My concern is that I should not have to be accountable for paying his half of the tax liability plus his costs after so many years when monies have been flowing in constantly which could have easily paid this bill. These two men have lived a risk hoping they would get away with it and now it has come to fruition they are still fighting it. In my opinion they are, and more importantly, the ex, is in a position to pay the HMRC from their profits from their EBT properties and their rental to Swarvoski, without incurring costs to me. I am no lawyer by any means but would like to know exactly where I stand in this situation.
Sorry - for clarity - this is a liability of the company is it not?
Customer: replied 3 years ago.
Yes it is, however, the ex had it in the consent order that
I was liable for half of his half of the 'potential' tax liability. He is a clever man and unfortunately at the time of the divorce I was very weak.
Customer: replied 3 years ago.
It would appear he has made me liable for his personal expenses within the costs of fighting the case.
Customer: replied 3 years ago.
Sorry Clare have you received my responses?
My apologies for the delay - sleep called.
Your ex was under a personal duty to use his best endeavours to pay the debt in some other way.
From what you have said he has not done so.
At this stage you need to write and thank him for the copy letter from HMRC and ask him to detail all the efforts he has made to diminish/pay this debt in the last six years so that you can assess whether or not he has indeed "used his best endeavours"
To enforce the Order he will have to show that he has done so - it is clear that in fact he has not.
This shoudl at least protect some of the money that was set aside.
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.
Thank you Clare I will do as you suggest and get back to you.
Customer: replied 3 years ago.
Clare, could you please put together a legal sounding letter to forward to my ex in this respect.
Keep it simple.
Thank you for the information regarding the tax debt.
You will recall that within the Order you agreed to "use your best endeavours" to reduce or discharge this debt.
Please confirm what steps you took and provide the relevant documentation (to include details of your income over the last six years)
in order that I may properly consider the situation
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
May I get back to you within the next 7 days should I receive his response during that time?
Hi Christine
Of course you can
Customer: replied 3 years ago.
Having never used this service before I don't understand the process of payment to you. I have already paid £56 into the account for your service. I have already rated you. So do you receive a % of the £56 for each answer you submit?
I safely received my share when you accepted the answer - these are just follow ups so there is no need to rate (and pay) again