Nil assessment - NRP has put everything in new partner's name!

polaroid

i am so glad to have read these posts tonight. I am at the end of my tether. i originally applied to the csa 4 yrs ago and here i am now in a similar situation as the posts above.
My ex has started up a business, registered it at his parents house, got all bank details in new girlf name. but he physically has a shop and a car that advertises the shop. but because he declares to the inland revenue that he earns nothing, then apparently the CSA cant do "anything". every time i ring i get told something different. My last call to them on friday said all i could do was ring the inland revenue myself or go to the CAB.
I think it would be so helpful if there was more advice or help for people with ex's who declare themselves self -employed. I dont want a fortune, i just want help for our child. and like the other posters when you see your ex living a particularly lavish lifestyle and you are struggling to feed your child it is very difficult not to get emotional.
please keep us posted on how you get on with your tribunals, it really has made me feel better tonight.

PreludeForTimeFeelers

The CSA's hands are a little tied when it comes to self-employed cases - the best they can do is ask for profit/loss accounts, but if they have to go to Inland Revenue and the NRP has put everything into his partner's name then they won't really have any joy. It's the Inland Revenue's job to prove that the NRP is avoiding paying tax by fiddling his books.

bongo33

Mojisola wrote: »

What goes around, comes around. Just wait for the day when his partner walks out on him, taking all his assets with her because they're in her name!

It doesnt work like that because the CSA will run off with it anyway. She cant do much with her holding in his company because he takes all the employees and clients and reforms a new company.

I looked into this, but its problematic because my wife works full time and the CSA could question why she owns my share of the company.

bongo33

mum+2 wrote: »

Hi after reading your thread i thought it was me!
a brief summary ex husband has set up limited company

- the hardest pill to swallow will be they may not be doing anything illegal but morally it is disgraceful!!

The CSA is morally discraseful for NRP's alike. I pay CS1 while CS2 pay much less for the same liability.

If the CSA was a fairer system, NRPs would not need to leave employment in favour of establishing protective environments such as a Ltd company in someone elses name.

PreludeForTimeFeelers

bongo33 wrote: »

The CSA is morally discraseful for NRP's alike. I pay CS1 while CS2 pay much less for the same liability.

If the CSA was a fairer system, NRPs would not need to leave employment in favour of establishing protective environments such as a Ltd company in someone elses name.

That works both ways though, there are many cases on CS1 where the NRP is nil-assessed, yet the same person would have to pay if their case was on CS2.

sweetd

what's the significance of registering the company at his father's house? also not sure if self employment is easy solution for the NRPs....... aren't they just delaying inevitable once the Revenue and CSA keep obliging them to produce audited accounts? what do the courts do for those cases where variations are applied through the courts (pre 2003), do they not apply pressure to get to a more realistic assessment of income?

Matt_Fry

After reading this thread, it goes to show what a mess the CSA has created. A mountain of uncollectable debt, NRP taxpayers on nil assessments or dissapeared. Heaven only knows how much money HMRC and local councils are losing out. Not to mention the cost of civil servant resources for perpetually administering unenforceable NRP debts.

The jobcentres encourage them back into work and contributing into the economy. The CSA comes along, imposes double-taxation, invents new enforcement tactics rendering their assets untraceable. They join the hidden economy or go offshore. There must be thousands of NRPs laughing because CSA enforcement has chased taxpayers out into the tax free economy. They will probably never return to legitimate society for as long as the CSA carries on churning and tracing uncollected NRP accounts.

PreludeForTimeFeelers

Matt_Fry wrote: »

After reading this thread, it goes to show what a mess the CSA has created. A mountain of uncollectable debt, NRP taxpayers on nil assessments or dissapeared. Heaven only knows how much money HMRC and local councils are losing out. Not to mention the cost of civil servant resources for perpetually administering unenforceable NRP debts.

The jobcentres encourage them back into work and contributing into the economy. The CSA comes along, imposes double-taxation, invents new enforcement tactics rendering their assets untraceable. They join the hidden economy or go offshore. There must be thousands of NRPs laughing because CSA enforcement has chased taxpayers out into the tax free economy. They will probably never return to legitimate society for as long as the CSA carries on churning and tracing uncollected NRP accounts.

I think HMRC are part of the problem, not the wronged party...HMRC should investigate more people's self-assessment forms, and actually look into profit/loss accounts, if they wanted to increase tax revenue.

Matt_Fry

I know someone who works at HMRC and their view is to promote compliance rather then spend money on enforcement. Prevention is better than cure and for the majority of cases that policy works.

The low income community are mostly employed so no problems there, but this sector has the least disposable income. This sector is also where the CSA is most active, and by wronging them in some way (or NRP feels he is wronged) then they are most vulnerable to become corrupt. The efforts of HMRC is being undone by the CSA.

Any politician will know, but rarely admit, a corrupt government yields a corrupt economy, and that is very hard to fix so the government must work the problem. Instead it fights corrupt NRPs with enforcement and that only makes the problem worse as the CSA has now learned to its own detriment.

clearingout

so what's the solution then, matt? to allow NRPs who are self-employed or who own their own businesses some kind of CSA exemption? would that benefit society? I have long accepted that getting a penny out of my ex in maintenance is going to be a long, hard slog. And I also accept we will probably never get what we would have got had he been on PAYE. But I am going to look my children in the face as adults and tell them I tried. Their dad, no doubt, will tell them I'm a money grabbing you know what and the children will make up their own minds.

No doubt the children will struggle with this. But frankly, trying to teach them that we face up to our responsibilities, that we are decent, tax-paying citizens who support our families or there are consequences to our poor behaviour, is a far better lesson for young men than knowing they can start their own businesses, sleep with their secretaries and live a lovely life whilst their children, my grandchildren, go unsupported.