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Sam, Accountant
Category: Tax
Satisfied Customers: 14154
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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My wife and separated 12 years ago, both signing a solicitor-prepared

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My wife and separated 12 years ago, both signing a solicitor-prepared agreement splitting our assets; including a £25K p.a. pension in my name. I am taxed on this, and pay my wife 50% each quarter. She pays no tax directly. I have not been unhappy about this arrangement, as the only downside has been the small extra tax incurred due to it bringing my total income (just) above £28K p.a. However, in light of new pension rules in the offing, and an additional pension split between us, my wife and I are agreed that it would be better to approach HMRC to equalise our contributions. We would be able to provide the above mentioned separation agreement as evidence. Is the HMRC likely to agree to this? Thanks


Thanks for your question

I am afraid this will not serve to be of any benefit to you, as

1) The pension is laredy being paid out

2) Any split of the pot itself could only have been requested at the time (with a % of your pension post being hived off into a named pension poit of your ex wifes)

I am afraid HMRC cannot help with the arrangement as it stands, as you will remain liable to tax on it, your only recourse might be to seek further legal action to see if there is any recourse direcly with the pension provider.

If this does not address what you are asking, then please do provide additional information to explain further or let me know if you have any follow up questions



Customer: replied 3 years ago.

Good morning. Thanks for that. And that position would be correct even though we are still married - though taxed seperately?


Thanks for your response

Yes, as HMRC cannot alter or view differently the way in which this currently

sits, they can only tax it on its actual position (which is that you are deemed to be the receipiant and pay tax on it)

The fact then you then pay your wife a set amount (tax free)

It would have been far more conducive to have this split affected at the source of the penion pot (directly with the pension provider) so each of you only were considered for tax on your allocated share.

Let me know if I can assist any further - as it would be very much apprciated if you could rate the level of service I have provided, as this ensures I am credited for my time



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