Marriage Allowance

Pringleton

Hi,


can anyone advise. My wife and I seperated last year. We live separately but are civil and are still legally married, I am in full tine employment, she is on benefits - could she receive the marriage allowance in this situation?

Darksparkle

Pringleton wrote: »

Hi,


can anyone advise. My wife and I seperated last year. We live separately but are civil and are still legally married, I am in full tine employment, she is on benefits - could she receive the marriage allowance in this situation?

Do you meet the income criteria?

Details here on what they consider a legal separation -
http://www.hmrc.gov.uk/Manuals/pommanual/PAYE100060.htm#IDAUCSXB

She would be the one to apply, she would transfer the allowance to you.

mbandrews80

Hi

Yes my spouse applied but the question still remains will i have to pay any back?

mbandrews80

Darksparkle wrote: »

Was that your taxable pay so after any pension contributions?

Yes i paid more in shares this month but an upgrade put me over by £14 & put my calculations wrong.
Im assuming they will take it back so for the sake of earning £14 over is going to cost me £212.

mbandrews80

mbandrews80 wrote: »

Hello.
I applied for marriage tax allowance this month and i have received my £212 relief in my tax payments this month.
However, i earnt £42399 through extra overtime so breached the 40% by £14 as the cut off is £42385.
Can anyone tell me if this means they will take the allowance off me in the coming months or if it will be left.

Thanks mark

yes i mean my SPOUSE applied.

can anyone answer this question?
Am i right saying i will have to pay it back?
I understand that if i earnt £100k im clearlt over or even £50 but paying £14 over would it just mean i receive less relief like £198 rather than £212.
I'm quite sure there is not an example on martin's page for this situation.
Thanks

Darksparkle

mbandrews80 wrote: »

yes i mean my SPOUSE applied.

can anyone answer this question?
Am i right saying i will have to pay it back?
I understand that if i earnt £100k im clearlt over or even £50 but paying £14 over would it just mean i receive less relief like £198 rather than £212.
I'm quite sure there is not an example on martin's page for this situation.
Thanks

Yes you'll have to pay it back as you do not meet the eligibility criteria. Unless you could pay more into your pension before the end of the year?

http://www.hmrc.gov.uk/Manuals/pommanual/PAYE100060.htm#IDAUCSXB

Consumerist

mbandrews80 wrote: »

. . . can anyone answer this question?
Am i right saying i will have to pay it back?

MSE has already answered this <question>, if only people could be bothered to look.

mbandrews80

MSE states that the lower earner has to not pay tax and the higher earner has to not pay the higher rate of tax.
However MSE does state that the lower earner can earn a little over and pay tax and still claim, so my question is, as you have already read, can you earn a little over the basic tax rate into the higher and still get a smaller claim?
I cannot see an answer to this exact situation so if you can give me the info it would be much appreciated.

Darksparkle

mbandrews80 wrote: »

MSE states that the lower earner has to not pay tax and the higher earner has to not pay the higher rate of tax.
However MSE does state that the lower earner can earn a little over and pay tax and still claim, so my question is, as you have already read, can you earn a little over the basic tax rate into the higher and still get a smaller claim?
I cannot see an answer to this exact situation so if you can give me the info it would be much appreciated.

I have answered your question and provided a link.

Higher Rate Taxpayer - if either customer is a higher rate taxpayer or becomes a higher rate taxpayer at the end of the year then they are not eligible to claim Marriage Allowance

The link consumerist provided also answers the question.

Q. What happens if we've applied and then cease to be eligible midway through the tax year? For example, the taxpayer gets a pay rise which makes them higher rate for the year, or the non-taxpayer starts working.

If that happens HMRC will know (you don't need to tell them) and alter your tax code to claw it back via the payroll (or self assessment for the self employed).

mbandrews80

thank you for your help