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Ask Your Own Question, Chartered Certified Accountant
Category: Tax
Satisfied Customers: 5113
Experience:  FCCA - over 35 years experience as a qualified accountant (UK based Practitioner)
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I was made a partner in my husbands business as advised by

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I was made a partner in my husbands business as advised by his accountant for tax purposes. Since our separation he as told his accountant to split the profits 50/50 which I have not had. All accounts and the running of the business was all down to my husband. Money that came in went into my husbands bank account in which I had no access to. The accountant said he was told by my husband that he had to split the profits 50/50. Is the accountant allowed to do this without my prior knowledge and permission? I was sent a self assessment statement telling me what he had done, I received this on the 28th Jan and was told it had to be in on the 31st giving me no time to seek advice elsewhere.
Hello and welcome to the site. Thank you for your question.

Your share of the partnership profit would be calculated on a profit sharing ratio.
Normally , this would be agreed by all parties in a form of a partnership agreement.
It appears your husband made a decision without your knowledge and consent and that the accountant followed his instructions without sharing it with you prior to finalisation of the tax return.

It is the nominated partner who is responsible for sending in the partnership tax return. But all the partners will be jointly liable for any penalties and interest if the tax return is late or inaccurate.

You have every right to dispute it and you have done the right thing to involve your solicitor in this matter.

My advice is to let your solicitor engage in the resolution of this matter. You may have to appeal against your share of the tax and NI payable in due course if your husband fails to send an amended tax return with correct share of profit allocation.

I hope this is helpful and answers your question.

If you have any other questions, please ask me before you rate my service – I’ll be happy to respond. and other Tax Specialists are ready to help you