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Where Taxpayers and Advisers Meet

Divide tax debt between spauses

kadlubek
Posts: 1
Joined: Thu Jun 13, 2019 5:50 pm

Divide tax debt between spauses

Postby kadlubek » Thu Jun 13, 2019 6:04 pm

Hi

My divorce process will start soon, me and my spause are in material community property system. During our marriage I have accumulated tax debt in HMRC (long story don't ask). I am willing to pay the debt but I know that due the reason that we are in material community property system my spouse have to pay half of it. Unfortunately the divorce will take long time. Is there any way of notifying the HMRC about my merrige status and that we are in material community property system with my spause, so that they will require me to pay half of the debt and my spause to pay other half, so I don't have to wait for the end of the long divorce process.

regards

pawncob
Posts: 4352
Joined: Wed Aug 06, 2008 4:06 pm
Location: West Sussex

Re: Divide tax debt between spauses

Postby pawncob » Fri Jun 14, 2019 12:37 pm

The debt is yours alone. If your wife wishes to pay half, then you must make arrangements for this in the settlement.
With a pinch of salt take what I say, but don't exceed your RDA

bd6759
Posts: 3106
Joined: Sat Feb 01, 2014 3:26 pm

Re: Divide tax debt between spauses

Postby bd6759 » Fri Jun 14, 2019 12:49 pm

This is a legal question rather than a tax one.

From a tax perspective the debt is enforceable only on you, and HMRC can only chase you for payment.

From a legal perspective it can be argued that this is a debt of the marriage in the same way as property is an asset of the marriage. Its for your solicitor to determine if this debt needs settled before assets are divided.


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