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Marriage allowance and higher rate tax

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A person makes a contribution to a SIPP , which takes them below the 40% threshold, and results in only 20% income tax being paid. Does this mean that the person`s spouse, who is a non tax payer, can apply, successfully, for a marriage allowance transfer to that person?

Comments

  • Dazed_and_confused
    Dazed_and_confused Posts: 6,458 Forumite
    Uniform Washer
    edited 12 September 2018 at 10:24PM
    In most cases yes.

    The only exception would be if the person receiving Marriage Allowance had dividend income which would be taxed at higher rate if it weren't for the dividend nil rate of tax (otherwise known as the dividend allowance).

    And the spouse being a non tax payer isn't necessary. Anyone who doesn't pay higher rate tax (or have the dividend issue mentioned above) is eligible. Most won't be able to benefit (as part of a couple) but some people can make themselves pay tax by applying and still be better off overall as part of a couple.
  • kitty5
    kitty5 Posts: 73 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    My husband and I are in exactly the same position as this and our claim has been refused as HMRC are claiming he is a higher rate tax payer. He paid tax at the basic rate after contributions to a SIPP. Not sure wether to dispute.
  • polymaff
    polymaff Posts: 3,950 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You can be classified as being a higher rate taxpayer without having paid any tax at higher rate.

    Can anyone quote an example where pension contributions have ever opened the door to MAT?
  • xylophone
    xylophone Posts: 45,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    https://www.taxation.co.uk/Articles/2015/05/12/333044/seven-steps-heaven

    https://ion.icaew.com/taxfaculty/b/weblog/posts/the-mechanics-of-the-marriage-allowance

    A relative (pensioner under 75) would be a higher rate tax payer if he did not use the facility to contribute £2880/£3600 to his SIPP.

    All being well he'll reach his 75th but the taxman cometh....:eek:
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