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You are here:  Home  >>  News Section  >>  Taxation Implications on Separation and Divorce
      
News: Taxation Implications on Separation and Divorce
      
If you separate whether by way of a Separation Agreement, Judicial Separation, or a Divorce it is essential that you advise the Revenue Commissioners of the fact of your Separation so that necessary adjustments can be made to your Tax position.
      
When a couple separate and no maintenance payments are made, each Spouse will be taxed as a single person and will be responsible for filing his or her own Tax Return and paying Tax on his/her own income.
When maintenance payments are made on foot of a Court Order or a Deed of Separation, these payments are made without deduction of Tax. The Spouse who makes the payments is entitled to a Tax deduction for them.
The Spouse who receives the maintenance is taxable on the payments.
Family Law: Divorce News items
Both Spouses are taxed as single persons (unless they opt to be taxed as a married couple).
Maintenance payments made for the benefit of children are ignored for Tax purposes. The payments are made without deduction of Tax. The payer is not entitled to a Tax deduction for the payments.
The payments are not taxable.
The payments are not regarded as income of the child.
      
When a couple obtain an Irish Divorce:
      
Maintenance payments are again made without deduction of Tax.
The Spouse who makes the payments is entitled to a Tax deduction for them.
The Spouse who receives the maintenance is taxable on the payments.
Both Spouses are taxed as single persons.
There are a variety of very useful leaflets issued by the Revenue Commissioners which deal with how married couples are treated for tax purposes.
        See Leaftlet IT2 (Taxation in Married Persons)
        Leaftlet IT1 (Tax Credits, reliefs and rates)
        The Revenue Commissioners website
      
      
        
        
 For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form.
        
Marion Campbell Solicitors,
16-18 Harcourt Road, Dublin 2
Phone: +353 (1) 475 9345
Fax: +353 (1) 478 2224
      
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