married tax allowance query

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I have recently made contact with HMRC with a view to my husband and myself applying for the allowance, which we understand will be backdated to 2015, having read all the MSE info and checking with HMRC, we do meet the criteria as stated. We are married, although separated for some years and still on excellent terms and for the last few years hubby has been living on small pension which brings him under his annual allowance. hubby cannot apply to do the transfer online as he cannot provide the relevant id that they ask for but we have been told that we can do it over the phone instead and HMRC will do their ID checks that way. He has called them and been told that we have to both be present, so we are going to meet up and do this, QUESTION, being married, but no longer living together, do we qualify? I can find nothing to say we do not. thanks
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  • Kynthia
    Kynthia Posts: 5,668 Forumite
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    I don't believe you can apply if you are no longer a couple, even though you are not divorced. On the Gov website it says if one of you dies or you divorce or separate, the allowance continues until the end of the tax year. So separation is lumped in with death and divorce.

    It also says you can still claim even if you are seperated through circumstances other than formal separation. This indicates that formal separation is a barrier to applying.
    Don't listen to me, I'm no expert!
  • Sibbers123
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    If you read ITA (income tax act) 2007 s55D (8)a the marriage comes to and 'end' for the purposes of the transferable marriage allowance when there is a decree of judicial separation.

    What a decree of judicial separation means, I have no idea so probably worth a google.

    It seems like a bit of a hassle (especially meeting up with your 'ex' husband) for the sake of £230ish!
  • jillyfish59
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    thanks for info. we are not officially/legally separated so we may qualify and worth a go. actually worth £900 plus increase in my tax allowance in the future, and that is worth it to us being that every penny counts. No rush, get around to it before the end of the tax year. not being married discriminates so many couples, I think it is worth doing just for the principle. will post outcome later date.
  • polymaff
    polymaff Posts: 3,904 Forumite
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    actually worth £900 plus increase in my tax allowance in the future.

    Not so. Neither party's "tax allowance" increases, and I don't recognise any future worth increase as "£900 plus".

    Nevertheless, very, very few MAT-qualified couples lose out by electing for MAT, so - all the best.
  • polymaff
    polymaff Posts: 3,904 Forumite
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    polymaff wrote: »
    Not so. Neither party's "tax allowance" increases, and I don't recognise any future worth increase as "£900 plus".
    xylophone wrote: »

    But not "future worth increase as ... "
  • RG2015
    RG2015 Posts: 5,916 Forumite
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    I was a bit confused by some of the posts but the £900 on the MSE link appears quite clear.

    2015/2016 £212
    2016/2017 £220
    2017/2018 £230
    2018/2019 £238

    Total £900 plus a likely continuation for subsequent years. The only caveat is that the current year's tax saving of £238 will not be fully realised until March 2019.
  • Dazed_and_confused
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    It would be possible for the op to be entitled to tax reduction of £900 upto and including the current tax if the husband successfully makes a claim.

    Not sure what he is going to say when HMRC ask why he has a different address to his wife?
    He has called them and been told that we have to both be present, so we are going to meet up and do this

    And I dread to think what the fallout will be if this means he is only just under the Personal Allowance and ends up with a tax bill for his trouble!
    for the last few years hubby has been living on small pension which brings him under his annual allowance
  • polymaff
    polymaff Posts: 3,904 Forumite
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    edited 20 October 2018 at 7:38PM
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    RG2015 wrote: »
    I was a bit confused by some of the posts but the £900 on the MSE link appears quite clear.

    2015/2016 £212
    2016/2017 £220
    2017/2018 £230
    2018/2019 £238

    Total £900 plus a likely continuation for subsequent years. The only caveat is that the current year's tax saving of £238 will not be fully realised until March 2019.

    Oh, crikey, how long is a piece of string ?

    The ONLY point I'm making is that giving a historical figure with respect to a FUTURE benefit is so barmy as to be evidence of a misunderstanding. :wall:
  • RG2015
    RG2015 Posts: 5,916 Forumite
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    polymaff wrote: »
    Oh, crikey, how long is a piece of string ?

    The ONLY point I'm making is that giving a specific figure with respect to a FUTURE benefit is so barmy as to be evidence of a misunderstanding. :wall:
    The OP has not put a specific figure on a future benefit. The £900 is specific and the "plus" is an expectation that the benefit will continue beyond 5th April 2019.

    I hope that my post has clarified the situation for the OP given your statement that you don't recognise any future worth increase as "£900 plus".

    I may be wrong, but you appear to have misunderstood the OP's post.
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