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Does non-eligible spouse also pay High Income Child Benefit Tax Charge

Questions and discussions about claiming benefits while living and working in the UK

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choc_mouse
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Posts: 36
Joined: Sat Aug 14, 2010 9:06 pm
Japan

Does non-eligible spouse also pay High Income Child Benefit Tax Charge

Post by choc_mouse » Thu Apr 12, 2018 10:41 am

Situation:
- Me: British Citizen claiming child benefit. Income about £58k.
- Wife: Spouse visa with no recourse to public funds. Income over £70k.
We live happily together, so not separated etc, and both do self-assessment.

I'd like to ask about High Income Child Benefit tax charge, in case anyone else is in a similar situation:

1) Regardless of my wife being ineligible to claim for child benefit, she is the higher earner of the two and therefore she must pay the full tax charge because her salary is over £60k. Right?

2) I have no problem with the full tax charge between us, but if my wife who is subject to immigration control pays the tax charge, would UKBA view this as her having accessed public funds (breaching her visa)?

3) In actual real-life, my wife didn't receive a penny of the child benefit and we keep our finances separate. (Obviously, can argue we're a couple so benefited indirectly.) So could I pay the full tax charge, instead of her? Or she has to pay and I would have to do a private transfer?

My concern is mainly (2), hence why I'm asking on immigrationboards.com.

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