NRP under declared income

muggleby

My ex has underdeclared his income and this could easily be verified by CSA contacting HMRC - they say they will not do this and will only accept that his circumstances have changed if he calls and tells them but he is hardly likely to do this since it will mean his income that is assessable almost doubling. I have the information but cannot legally send it to them - surely they do not seriously expect that having refused to pay a penny for years that he will suddenly ring up and say he underdeclared his income. Any suggestions?

Have been in and out of MP's surgery now for 3 years - he is employed by his wife and she is a willing party to refusing to pay as she refuses to operate DEO.

NACSA_CHAIR

CSA are wrong by stating that the assessment can only be changed if he reports a change, you are perfectly at liberty to request a review if you suspect his income is wrong. They are then obliged to contact the NRP to secure upto date information.

Why do you believe you cannot send in the information?

If you suspect he is not declaring true income you should submit an appeal against the decision that uses the lower income. That would result in an appeal hearing whereby you can submit any information you have that may call into question the income being declared by the NRP.

Also - CSA do have the powers to instigate Criminal Compliance investigations if they believe the NRP is not being truthful!!

Soubrette

What makes you suspect he is not declaring all his income? Whatever grounds, you will have to offer the proof to CSA.

If it is lifestyle inconsistent with declared earnings then you will have to offer proof as to how his lifestyle could not possibly be funded from the income he declares. There are all sorts of things you can find out from the internet for a small fee such as who owns the deeds of the house he is in and whether there is a mortgage owing - basically I would fill out an SOA using as much info as I could, backing it up from evidence from the internet such as how much council tax is etc

If you have evidence of recent earnings eg if he is a ltd company then he should file at least minimal accounts - they should show who the shareholders are. If his wife does not earn any income for the company eg he is a builder and she does his books but gets 50% of the profit as dividends, then you might have a chance on diversion of income.

From my experience CSA will um and ahh, tell a pack of lies and then turn down your variation.

I am in the middle of a Tribunal and the standard of evidence required from the NRP in this process is much higher than the 'he is entitled to be believed' which was acceptable to the CSA.

Sou

NACSA_CHAIR

Indeed - CSA will often reject variations, but that decision gives you the right of appeal which is a much better playing field for PWCs that may have reason to suspect the incomes being declared.

muggleby

here is the problem - only evidence is his statement of his income for other court proceedings that cannot be disclosed without court consent which of course he will oppose.

So am sitting there knowing that he is laughing at us and the CSA.

kelloggs36

Ah, but his refusal can mean that an appeals panel will draw adverse inference. What evidence do you have yourself - did you get copies of his statement? You can ask to speak to criminal compliance and see if they suggest that a referral is made?

LizzieS_2

muggleby wrote: »

here is the problem - only evidence is his statement of his income for other court proceedings that cannot be disclosed without court consent which of course he will oppose.

So am sitting there knowing that he is laughing at us and the CSA.

Are you directly connected with the court case? If so, why not ask their permission (in the circumstances, they should approve)?