Dividend payments

Soubrette

Hi all, a bit of an esoteric one this

Dividend income doesn't usually count within designated income for child maintenance calculations except when a person has control of his own salary.

I'm trying to find some legislation, court cases or appeal cases where a director of his own company with control of his salary can be compelled to declare his dividend income.

I have found some interesting reading on how long a dividend payed can be counted as being payed and an interesting amendement to the secondary legislation.

But it seems that there is no mechanism for making a person declare every dividend they get - if they get caught then it counts (possibly for up to a year after being taken) but they don't have any requirements to declare any more future dividends it seems - even if they took a dividend and it was subject to a variation and the PWC won 6 months ago.

Anyone have any ideas on where I can look?

Cheers

Sou

Blob

Try Inland Rev, or get the CSA to get the records from there. It is income and therefore has to be decleard to them. If this fails then Coy House and get coy accounts, anyone can.

Down side is if it is outside of this country, say IoM or Chanel Islands then it is only decleared when it comes in to the country!

Soubrette

Thanks Blob, I'm one step ahead of the above though - I've already bought the last 4 years worth of accounts from companies house but as a small business he only has to post his annual profit and lost statement - no mention of dividends in there, just that there is not much in the company.

His dividends are taken in this country and are all above board but the CSa won't look at his tax returns and even if he admits to taking a dividend and fraudulently advises a lower amount, my case worker says they would work with that figure :rolleyes:

I am now on the Tribunal road and want to find some case law to back up my assertion that he has now admitted to taking dividends and so should be treated as having a variable income. I can find case law where a dividend was taken, some months later the PWC found out (how I'd love to know) and went through tribunal and then the NRP appealed and then it was sent for further ruling but that is all about how that dividend was dealt with, rather than what the result was for any further dividends that might be declared.

From my readings of various things by MPs, they seem under the impression that if a person takes dividends you just do a variation and all is well and good.

In my experience it is a bloody minefield :rolleyes:

Sou

stevectaylor

Apply to the CSA for a variation to an assesment based on the facts as you see them.

Polly1967

Hi Sou, I found this link which may help you
www. osscsc.gov.uk/judmentfiles/j1726/R(CS)%204_05%20bv.doc

I haven't read it, it's too much for me to wade through, so I'm not sure what the final ruling was!

Let me know if it doesn't work. I wasn't able to put a direct link on.

Soubrette

Hi Steve - sorry missed your post - tried a variation and it failed, have now appealed for a Tribunal ruling.

Polly - I tried to cut and paste your link but it won't work Thanks for thinking of me though.

Sou