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One Parent Family Tax Credits

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  • 20-06-2008 9:57am
    #1
    Closed Accounts Posts: 22


    hi,

    I'm a single father and a recently applied fo single parent family tax credits. I pay maintainance but its just an agreement between me and the ex, not through the official routes. I read somewhere though that I can only get the tax credits if they can see that I pay maintainance.

    Is this true? and if so, does it have to be "official" maintainance or is there some way I can show them that i pay it every month?

    Thanks.


Comments

  • Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    http://www.revenue.ie/services/main_ind.htm
    10. How are maintenance payments made to/for children treated?

    Maintenance payments made for the benefit of a child(ren) are ignored for tax purposes:

    * The payments are made without deduction of tax

    * The payer is not entitled to a tax deduction for the payments

    * The payments are not taxable

    * The payments are not regarded as income of the child.

    There are no tax allowance for child maintaince, there is for legally enforced spousal maintainance.
    8. How are legally enforceable maintenance arrangements treated for tax purposes?

    Maintenance payments made under a legally enforceable arrangement entered into on or after 8 June 1983 are payable without deduction of tax. The following rules apply to payments made for the benefit of a spouse:

    * The payments are made without deduction of tax

    * The spouse who makes the payments is entitled to a tax deduction for them

    * The spouse who receives the maintenance is taxable on the payments

    * Both spouses are taxed as single persons (unless they opt to be taxed as a married couple).

    If you are paying spousal maintianance with out a court agreement you can look at getting that stamped by the court and then it is legally enforced.

    You can find information about one parent tax free allowances here.

    http://www.revenue.ie/leaflets/it9.pdf


  • Closed Accounts Posts: 517 ✭✭✭SarahMc


    The single parent tax credit is not dependent on maintenance, but you must have some overnight access.

    BTW lots of maintenance is not by court order, but it would be a good idea to have some proof of paying (eg directly into bank account rather than in cash).


  • Registered Users Posts: 189 ✭✭Schnooks


    BB

    What Sarah says is correct. It is nothing to do with maintenance, it is to do with care-giving and overnight/weekend stays.

    My story - ex and me have agreed that I have him (he's 2 years and 2 months now!!) every 2nd weekend and every Tues night also (works out at 2 days a week average and he stays with me). I have a direct debit to her account for maintenance as she is the primary care-giver.

    Friend of mine who was studying tax as part of his MBA said I should apply for single parent tax credit, I would never have known!

    Rang them - et voila, I think it's worth about €1800 per year. Note that it was nearly a year after we split up (never married) that I went about claiming it and there was no back-pay on it.

    So if you are looking after your child in your place for a certain amount of time every week, then of course you are entitled to claim that tax credit.

    As I said, they don't ask anything about maintenance as most civilised people have this sorted out among themselves anyway, and you sound like one of those.


  • Closed Accounts Posts: 22 Beatlebum


    Just another question on the tax credits. Can I get them back dated? Like a Tax refund? I was just thinking that i have been paying the extra tax that I didnt need to so can i get it back or is it just my fault for not applying for it when she was born?


  • Closed Accounts Posts: 93 ✭✭danash


    Beatlebum wrote: »
    Just another question on the tax credits. Can I get them back dated? Like a Tax refund? I was just thinking that i have been paying the extra tax that I didnt need to so can i get it back or is it just my fault for not applying for it when she was born?

    Yes you can get it back dated ( Shnooks note also ) - All you have to do is complete a tax return for the relevant years - it only comes into force on the next full year after separation. If you have paid tax you will get a refund if all your other numbers work out correctly.

    Just this morning I had the pleasure of seeing a lodgement to my account from the Collector General - very nice chap.


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  • Closed Accounts Posts: 22 Beatlebum


    danash wrote: »
    Yes you can get it back dated ( Shnooks note also ) - All you have to do is complete a tax return for the relevant years - it only comes into force on the next full year after separation. If you have paid tax you will get a refund if all your other numbers work out correctly.

    Just this morning I had the pleasure of seeing a lodgement to my account from the Collector General - very nice chap.


    You wouldn't be able to send me a link to the form you have to fill out would ya??


  • Closed Accounts Posts: 93 ✭✭danash


    Beatlebum wrote: »
    You wouldn't be able to send me a link to the form you have to fill out would ya??

    The embedded link wont paste for me so go the www.revenue.ie - on the left hand side menu you will see a link 'forms' - click on that - scroll down to the section 'For Individuals' and click on 'Tax Returns'.

    Each year has a slightly different form so you will have to fill out the correct form for each tax year. You will get the forms from the right hand side menu - click on 'Prior years Forms' ( second last item ). You need form P12

    Print them out and add the necessary data - P60 etc and you should be there. If you are only claiming for the current tax year you need to fill in the OP1 form which you will also find in the same section. Your tax credits should be adjusted for all future years.

    Just one note of clarification - you can only claim back for the last 4 years.

    Best of luck.....


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