separated. can I keep his tax credits?

T

tealover

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I separated from my husband last year.

As part of a deed of separation, I understand that we can elect to be taxed as a married couple if maintenance payments by one to the other are legally enforceable.
He would give me his tax credits.

We are currently trying to agree the terms of an agreement.

My question is:

If my husband is on the dole, can I have his tax credits under the above scheme.
Technically he is not paying any tax and has no source of income bar social welfare.

Thanks in advance
 
Is he receiving Jobseekers Benefit or Jobseekers Allowance. Jobseekers Benefit is taxable in most circumstances while Jobseekers Allowance is not

Who pays the maintenance to who and is it in relation to children or for maintenance of the other spouse?
 
If you are separated by a deed of separation, or in such circumstances that the separation is going to be permanent, I'd say you won't be able to use your husband's tax credits.
 
She could, in certain circumstances. However, it would depend on the replies to DB74's questions.
 
Here is a link to a post I did on this topic a couple of years ago. I'm not sure how current it is, but I don't think much has changed apart from the fact that one parent family credit can now only be claimed by one parent.
 
Thanks for replying.

We have one child and he currently pays no maintenance and has moved out of the family house.

I think it's job seekers benefit he has applied for.

He will start paying maintenance for our child when he gets his payment.

My understanding is that, if we organise deed of separation and make it legally enforceable, we could elect to have his credits transferred to me.

Am I now correct to think that it won't matter. he can't transfer the credits to me as he is on a taxable payment and will therefore need his credits for his payment?

Sorry if I'm not making it clear.

Thanks for the info
 
Here is the relevant bit as far as I can see -


Can separated or divorced couples opt to be taxed as a married couple?

Yes, a separated couple can elect to be treated as a married couple for income tax purposes if:

  • Maintenance payments by one to the other are legally enforceable, and,
  • they are both resident in the State.

You will need to elect for joint assessment, I'm no expert but think you should still benefit as he will not use up the full amount of tax credits on just a jobseekers benefit income. I am sure Revenue should be able to tell you what options are there, you could try your local Citizens Info office but ask first if they have someone with expertise on tax, if there a few offices near you ring them all to see if they have someone to answer your query, they are mainly volunteers so you can hit lucky with the areas of expertise they cover.
 
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