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You are here: Home >> News Section >> Taxation Implications on Separation and Divorce |
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| News: Taxation Implications on Separation and Divorce |
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| 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. |
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 | Both Spouses are taxed as single persons (unless they opt to be taxed as a married couple). |
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 | 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. |
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 | The payments are not taxable. |
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 | The payments are not regarded as income of the child. |
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| When a couple obtain an Irish Divorce: |
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 | Maintenance payments are again made without deduction of Tax. |
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 | The Spouse who makes the payments is entitled to a Tax deduction for them. |
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 | The Spouse who receives the maintenance is taxable on the payments. |
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 | Both Spouses are taxed as single persons. |
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 | There are a variety of very useful leaflets issued by the Revenue Commissioners which deal with how married couples are treated for tax purposes. |
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For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |