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Spreading income between me and wife

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Comments

  • chrismac1
    chrismac1 Posts: 2,585 Forumite
    That's great. We have a legal precedent with HMRC showing that a partnership existed and hence requiring the Phillips to file a partnership return. Ideal, just what we need here.

    Legally,

    a" partnership is the relation which subsists between persons carrying on a business in common with a view to profit”

    In my view, good luck to anyone who attempts to argue that a husband and wife claiming to operate as partners are nonetheless not meeting this definition!
    Hideous Muddles from Right Charlies
  • Dead_keen
    Dead_keen Posts: 489
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Forumite
    You forgot to mention Williamson.
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    Even if they could backdate a partnership to 2014/15, would they not now have failure to notify penalties?
  • chrismac1
    chrismac1 Posts: 2,585 Forumite
    As it happens I have just submitted a tax return for a new client for 2012-13 who notified HMRC on 22 November 2015 that he began trading in April 2012. No failure to notify penalties.
    Hideous Muddles from Right Charlies
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    chrismac1 wrote: »
    As it happens I have just submitted a tax return for a new client for 2012-13 who notified HMRC on 22 November 2015 that he began trading in April 2012. No failure to notify penalties.

    But aren't they tax geared penalties?
  • Cook_County
    Cook_County Posts: 3,096
    Part of the Furniture 1,000 Posts Name Dropper
    Forumite
    chrismac1 wrote: »
    As it happens I have just submitted a tax return for a new client for 2012-13 who notified HMRC on 22 November 2015 that he began trading in April 2012. No failure to notify penalties.
    These penalties could be up to 100% of tax due; so it will be a long time before you'd know if HMRC are interested.
  • chrismac1
    chrismac1 Posts: 2,585 Forumite
    Good point. But where the taxpayer has taken the initiative I've yet to see any penalties charged over the past 5 years, which must cover about 30 tax years in total where in theory such penalties could have been charged.
    Hideous Muddles from Right Charlies
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