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CSA advice needed - parent working overseas.

My sons father works abroad & is adamant I can't get money off him through csa. I don't want to start a new claim and go through all the grief I'll get off him if there's nothing csa can do.

His employment situation is tricky. He says he is classed as self employed but he sends invoices of his hours worked to a company called PVI who are based in the UK (according to their contact details on the website) and I believe they pay his wages directly to his UK bank account which is registered at his parents UK address.
He doesn't have a fixed address when he works away as he works on ships all over India/Africa etc.
He doesn't pay tax as he works out of the country more than 9 months a year and pays a company in Jersey so they don't tax him.

I think because he sends his invoices to the company PVI then I may have a case. I don't understand how he is classed as self employed as they assign him to which vessels he works on and when etc.

Any help and advice much appreciated,
Thank you

Comments

  • I think the tax thing may be the kicker - if he's self employed but not having to pay tax then he may be assessed as not having to pay anything (if you go through the CSA).

    It's always worth ringing CM Options and discussing it with them, that way you'd know whether or not it's worth putting in a claim.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    sschops wrote: »
    I think because he sends his invoices to the company PVI then I may have a case. I don't understand how he is classed as self employed

    Is that the Vessel Protection Company...???

    I would of thought that they would be registered off shore, or certainly have offices offshore for anything that involves that kind of business, they may be a UK registered business, but they don't have to operate out of the UK

    I would take the fact that HE says he does not pay tax with a pinch of salt, NRP's have a habit of lying when they are trying to avoid, and it looks like he doesn't want to pay anything for his child, which in my eyes makes him an ar*ehole...! In which case, go after him anyway, he may still be liable as he MUST have an address he uses for the purposes of banking, license, insurance etc, and if that is the UK, then he can be determined as being habitually resident despite not paying tax...!

    More details would help i'm sure, but if he is not gonna pay, you have nothing to lose anyway...
  • wayne0
    wayne0 Posts: 444 Forumite
    poster doesnt state that NRP doesnt pay any CM. she states that NRP claims that CSA cant get any money off him if she contacts them...

    two different things...

    question is: is he paying an amount that contributes FAIRLY to upbringing a child which is the responsibility of both of you (not just him-the NRP)?

    if not: come up with a fairer amount between the two of you...

    if he wont agree to a fairer amount then contact the csa and hope for the best...

    if he does: what is the problem?

    but to not be an habitual resident in this country... he must be a resident in another country, as far as im aware???

    but csa can only consider taxable income... and if he works on a boat for 9 months of the year, there are different tax rules etc... so some of what he says is most likely true...
  • kevin137
    kevin137 Posts: 1,509 Forumite
    I would say there is certainly a case for TAX AVOIDANCE as for him to be paid in Jersey he would need to be resident there. Meaning he has an address. And as far as i am aware that falls under the banner of being part of Britain. So even if it is not under the jurisdiction of the CSA, then REMO certainly can and WILL take care of it for you...!!!
  • wayne0
    wayne0 Posts: 444 Forumite
    he works for a company in jersey is how i read that kevin... - ?

    it doesnt necessarily mean illegal tax avoidance... some tax avoidance is perfectly legal... (even if it is imoral)
  • Tiglath
    Tiglath Posts: 3,816 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker Debt-free and Proud!
    PVI (formerly RS 12 (UK) Ltd) was incorporated in the UK in 2009 so they wouldn't also be registered overseas, although of course they can operate from anywhere, as stated. As Jersey is a British Crown Dependency, they have their own tax rules. Is it possible that he has set up his own Jersey company and this is what he uses to invoice PVI? I know someone who works in the UK as a contactor through a Jersey company owned by a trust in the Cayman Islands or BVI (I forget which). The Jersey company submits its invoices to payroll based on the hours he works per week, but he doesn't pay standard UK tax.
    "Save £12k in 2019" #120 - £100,699.57/£100,000
  • wayne0
    wayne0 Posts: 444 Forumite
    also, driving license? are you sure he has a uk license? he can drive in the uk on a foriegn license for 12 months from date of last entry... but has to live habitually in the uk for at least 6 months a year to have a uk license... ~(DVLA rules)
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Which is tax avoidance if he does not have a permanent residence overseas. And would be seen this way by anyone with common sense.

    The point being, that he is paid into a UK bank account, on a UK address, so the avoidance is blatant, and the OP could very well if possibly assessed by the CSA as living here even with NO income in the UK according to tax records quite easily apply for a variation on his income.

    This would of course be sent to his UK address and he would not be there, so he would not answer, so would be non compliant, and would cause one hell of a mess for him if they start going after him...

    Personally, i think this guy is stupid for even contemplating this action and is really stupid for saying they can do nothing, REMO is definitely an option and again, if he has an address in Jersey for the purposes of work, then he will not get post for court hearings etc, so will be court ordered to pay, which is enforceable here or there...

    What an attitude to take, and regardless of what he says... My advice to the OP is that if he is not paying now, then go after him...! If he is being evasive, go after him, if he is paying peanuts compared to income and laughing in your face, go after him...

    And when you tell him with a smile, i can use the CSA and if they can't get you, then i will use REMO, and they CAN get you, just remember, that you didn't want to pay, so i took an alternative route to provide for OUR child while you played stupid games...!
  • kevin137
    kevin137 Posts: 1,509 Forumite
    wayne0 wrote: »
    also, driving license? are you sure he has a uk license? he can drive in the uk on a foriegn license for 12 months from date of last entry... but has to live habitually in the uk for at least 6 months a year to have a uk license... ~(DVLA rules)

    No you don't, i am in Norway using a UK license, i am a resident in Norway for all intent and purposes, i do not work, so have no income, as such i do not have an insurance number, so cannot transfer my license, but i do own a UK car, which is registered, taxed, MOT'd in the UK, and i visit for 1 day every year with the car, but 1 day every 90 days to renew my eligibility to return to Norway.

    And i checked with DVLA, and it is quite legal...
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