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advice for my mum

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  • I divorced my husband 4 years ago after 23 years of marriage. He had just left the RAF so was entitled to his militay pension straing away, he commuted some of it. As his ex-wife I receive half of the pension he receives. His pension is taxed before he gets it and before I get my half (which comes from source and not via him).

    I have just received a letter from HMRC informing me that my tax code for April 2010 to April 2010 on my pension will be BR at 20%.

    Now I am slightly confused about this, I have never paid tax on my half of my ex's pension, should I have been, it is definitely taxed at source, and if I should have been then I owe thousands, through no fault of my own!

    On the other hand I am 50 this year and am entitled to my own military pension (which I know he is entitled to half of), but I didn't think I would get that at 50, I havent yet had chance to dig out my discharge papers (it was 22 years ago!!).

    Do you think this tax they are talking about could be on MY own military pension or are they now taxing my half of his, even though its already been taxed?

    I'm a bit scared tp phone and ask incase I now owe thousands!!!

    Thanks
  • jem16
    jem16 Posts: 19,834 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    janny46 wrote: »
    His pension is taxed before he gets it

    That would be normal.
    and before I get my half (which comes from source and not via him).

    If it comes from source I would imagine that you get half of the gross pension. Tax is personal to each individual. Your husband would not be taxed on the part you receive as it's not his income.

    Perhaps you need to get in touch with the pension provider for clarification.
    I have just received a letter from HMRC informing me that my tax code for April 2010 to April 2010 on my pension will be BR at 20%.

    BR is correct if you have another source of income as well as your pension.
    Now I am slightly confused about this, I have never paid tax on my half of my ex's pension, should I have been, it is definitely taxed at source, and if I should have been then I owe thousands, through no fault of my own!

    It is up to you to inform HMRC of all taxable income. I'm afraid ignorance is no defence.
    Do you think this tax they are talking about could be on MY own military pension

    If you are not receiving it, it can't be taxed.
    or are they now taxing my half of his, even though its already been taxed?

    I doubt that's the case but as I said earlier you need to get this clarified.
    I'm a bit scared tp phone and ask incase I now owe thousands!!!

    Thanks

    Sooner you find out the better.
  • molerat
    molerat Posts: 35,850 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 July 2010 at 10:02AM
    Are you sure you have never paid tax, check your bank statements. The credit entry should read PGO TAX xxxx. If that xxxx is anything other than zero then it has been taxed by that amount. It won't be your own pension at 50, preserved pensions are paid at 60.
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