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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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hello!I am divorced since 1996,but after few years we lived

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hello!I am divorced since 1996,but after few years we lived together again until now,I kept his name,so we have the same name and we have 2 children(23).In 2007 we came to Ireland and when we applied for pps nr.we filled as marital status as married because we didn"t have the divorce certificate with us and coudln"t prove that.At that time I had very poor english and visiting the citizen information I understood that is not important how filling,married or not,because we are living together and have children and all family have the same name.I didn"t know the importance of that,only few months ago,speaking with a collegue I realised that I paid wrong taxes,as married.I want to pay back everything what is need but I am afraid about that situation and I need an advice what I need to do to be everything ok.Thank you.

Buachaill :

1. Nowadays, a cohabiting couple are treated in a similar manner to a married couple so far as tax is concerned. Accordingly, if you were being taxed today, yourself and your (former) husband would be treated the same as a married couple. It has been this way since 1st January, 2011. Accordingly, you need to realise that the Irish Revenue have no real interest in pursuing cohabiting couples for back taxes where they claimed they were married. Secondly, the Revenue can only claim taxes back against you for a maximum of five years. Accordingly, the furthest back the Revenue could go is August 2008. Accordingly, my advise to you is to simply ignore what has gone on and wait for the five years to elapse from 1st January, 2011 which would be 31st December, 2015. At this point in time, the Revenue would no longer have any claim against you.

Buachaill :

2. My considered view is that you are only opening a can of worms by raising this matter at all. You will sully your tax record and leave yourself open to prosecution for wrongly claiming to be married and claiming a married person's tax allowance. It is far better to "let sleeping dogs lie" and simply go about your business and forget about this issue. Be aware that even if some other person draws the Revenue's attention to it, there will be no desire on the Revenue's part to do anything about it. However, if you bring it to the attention of the Revenue, then they will feel they have to do something about it. So leave well alone!

Buachaill :

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