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  #21  
Old 27.09.2011, 16:39
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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She wasn't here for 4 months when I came initially and I got the married rate.

Wait...didn't I say this 5 posts ago...deja vu
Often there are anomalies where you get something your not entitled too, you were lucky. Hopefully you won't have to pay it back.
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  #22  
Old 27.09.2011, 18:02
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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If you wife was not living here you would not get the married rate, she is & you did, it's very simple.

There are a few threads when people are shocked when they receive further tax demands a couple of years later, if your not filling in a tax return you may get one too.
For the whole of 2009 and for 10 months of 2010 my husband was living here and my son and I were living in Belgium. My husband was taxed as a married man with one dependant child. He registered on Jan 1st 2009 and his B permit is dated from then. My son and I registered on 1st November 2010 so our permits are valid from then. We filled out a tax return for both years and have already received a rebate for the amount we overpaid in 2009. According to the tax advisor's calculations we should get one for 2010 too.

Maybe it varies between cantons but both Porsch and I are proof that in Neuchatel at least the wife does not have to be resident for the married person's rate to be applied.
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  #23  
Old 27.09.2011, 18:29
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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For the whole of 2009 and for 10 months of 2010 my husband was living here and my son and I were living in Belgium. My husband was taxed as a married man with one dependant child. He registered on Jan 1st 2009 and his B permit is dated from then. My son and I registered on 1st November 2010 so our permits are valid from then. We filled out a tax return for both years and have already received a rebate for the amount we overpaid in 2009. According to the tax advisor's calculations we should get one for 2010 too.

Maybe it varies between cantons but both Porsch and I are proof that in Neuchatel at least the wife does not have to be resident for the married person's rate to be applied.
On the tax return, if a wife in included, it's assumed she is living with her husband. Whilst the married rate was applied it's not proof that its legally correct.
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  #24  
Old 27.09.2011, 18:33
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Re: Spouse remains in the UK, will I be taxed as a Single person?

Have you got the area of law which shows this fatmanfilms
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  #25  
Old 27.09.2011, 18:51
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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On the tax return, if a wife in included, it's assumed she is living with her husband. Whilst the married rate was applied it's not proof that its legally correct.
They didn't assume anything of the sort. They knew very well that we were living in Belgium and he was living here because we told them both when he registered and in the letter included with the tax returns we filled in.
They had all the facts before them in order to make the tax assessment and the taxed him as a married man.
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  #26  
Old 27.09.2011, 19:34
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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Have you got the area of law which shows this fatmanfilms
To claim allowances you have to live here, it's not a very complicated concept to understand. It looks like you have got what you want so far, good luck!

You could always ring up your local tax office if you don't believe me, somehow I doubt you will bother.

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  #27  
Old 27.09.2011, 19:37
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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They didn't assume anything of the sort. They knew very well that we were living in Belgium and he was living here because we told them both when he registered and in the letter included with the tax returns we filled in.
They had all the facts before them in order to make the tax assessment and the taxed him as a married man.
I send my tax return to a scanning centre, I don't think they read letters, they just accept that you have truthfully filled in the form. Anyway it's only an administrative offence AFAIK, it's not like you will go to prison like in the UK.
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  #28  
Old 27.09.2011, 19:39
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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To claim allowances you have to live here, it's not a very complicated concept to understand. It looks like you have got what you want so far, good luck!

You could always ring up your local tax office if you don't believe me, somehow I doubt you will bother.

Best FMF
Fact is myself and BM have first hand experience of one thing. And you are claiming another. Have you had first hand experience to the contrary or have you got something to back up your claim?

I'd like to think the HR department would have asked the tax office if they weren't sure and I'm almost certain the HR dept at BM's place knows a lot about tax issues.
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  #29  
Old 27.09.2011, 19:42
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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I'd like to think the HR department would have asked the tax office if they weren't sure and I'm almost certain the HR dept at BM's place knows a lot about tax issues.
I suspect they bluffed it as the partner was coming & would be resident at 31.12
I am amazed how much stick I am getting over this one, there must be some nervous people out there!
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  #30  
Old 27.09.2011, 19:51
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Re: Spouse remains in the UK, will I be taxed as a Single person?

You aren't getting stick. You're just being asked to back up what you are saying so we know that it's more than just your opinion.
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  #31  
Old 27.09.2011, 19:58
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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To claim allowances you have to live here, it's not a very complicated concept to understand. It looks like you have got what you want so far, good luck!

You could always ring up your local tax office if you don't believe me, somehow I doubt you will bother.

Best FMF
We did contact the tax office and did exactly what we were told to do. OH was living here and he claimed the allowances as instructed by the tax office.

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I send my tax return to a scanning centre, I don't think they read letters, they just accept that you have truthfully filled in the form. Anyway it's only an administrative offence AFAIK, it's not like you will go to prison like in the UK.
Well it's obviously different here in Neuchâtel. We had to submit loads of additional paperwork relating to our assets and my income in Belgium and they wrote back asking for clarification of some of them so I think they most likely did read them.

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I suspect they bluffed it as the partner was coming & would be resident at 31.12
I am amazed how much stick I am getting over this one, there must be some nervous people out there!
Not nervous at all. We filled in the 2009 tax return in 2010 so it was quite clear that we weren't resident here on 31/12/2009 so no bluffing was involved there.

Both Porsch and I have evidence to contradict what you are saying but we are both in Neuchâtel so maybe it's different here.

Do you have a source for what you are saying?

EDIT: Porsch is faster than me.
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  #32  
Old 27.09.2011, 20:02
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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You aren't getting stick. You're just being asked to back up what you are saying so we know that it's more than just your opinion.
To be liable to taxation in CH you have to be resident at least 183 days a year, your adding a non resident wife who is not liable to CH taxation to your tax return & claiming allowances for her. She is not liable to Tax in CH & your not entitled to claim the allowances. It's milking the system.

You sign that the information is complete & accurate..............
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  #33  
Old 27.09.2011, 20:03
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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Do you have a source for what you are saying?
Non residents should not be included in a tax return, your claiming expenses for someone who does not live here.
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  #34  
Old 27.09.2011, 20:04
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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To be liable to taxation in CH you have to be resident at least 183 days a year, your adding a non resident wife who is not liable to CH taxation to your tax return & claiming allowances for her. She is not liable to Tax in CH & your not entitled to claim the allowances. It's milking the system.

You sign that the information is complete & accurate..............
That's cool. Now do you have a link to some legislation about this or is what you are saying just your opinion of what should happen?

I'm more than happy for you to prove me wrong. Knowledge is power and all.
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  #35  
Old 27.09.2011, 20:07
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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That's cool. Now do you have a link to some legislation about this or is what you are saying just you opinion of what should happen?

I'm more than happy for you to prove me wrong. Knowledge is power and all.
Read the guidance notes that come with your tax return, it will be clearly explained.
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  #36  
Old 27.09.2011, 20:10
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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Read the guidance notes that come with your tax return, it will be clearly explained.
I don't earn enough to have a tax return
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  #37  
Old 27.09.2011, 20:15
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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I don't earn enough to have a tax return
Then you will be fine. The other poster who fills in returns may or may not be so lucky.
The form asks about absence from CH
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  #38  
Old 27.09.2011, 20:48
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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Then you will be fine. The other poster who fills in returns may or may not be so lucky.
The form asks about absence from CH
Having examined the forms very closely I can safely say that there was absolutely nothing on there asking about absences from CH.

Luck doesn't come in to it. We have written correspondance from the tax office confirming that we should file as a married couple. We provided evidence in the annexe for the number of days my OH worked in CH (144) and how many days I was here (28) and we gave our Belgian Address as my place of residence. We were also advised that we could claim expenses related to the fact that we had 2 households to maintain which we did and these were accepted by the tax authorities.

We have received that final tax assessment and received a considerable refund on overpaid taxes (tax at source) as for the first few months he was paying as a single man whilst the company awaited confirmation from the tax authorities to tax him as married. Since we have done everything above board there is absolutely no reason for us to be worried about further problems.

We have all the evidence we need to prove that we did everything as we should have. What evidence do you have to show the contrary?
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  #39  
Old 27.09.2011, 21:07
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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Having examined the forms very closely I can safely say that there was absolutely nothing on there asking about absences from CH.

Luck doesn't come in to it. We have written correspondance from the tax office confirming that we should file as a married couple. We provided evidence in the annexe for the number of days my OH worked in CH (144) and how many days I was here (28) and we gave our Belgian Address as my place of residence. We were also advised that we could claim expenses related to the fact that we had 2 households to maintain which we did and these were accepted by the tax authorities.

We have received that final tax assessment and received a considerable refund on overpaid taxes (tax at source) as for the first few months he was paying as a single man whilst the company awaited confirmation from the tax authorities to tax him as married. Since we have done everything above board there is absolutely no reason for us to be worried about further problems.

We have all the evidence we need to prove that we did everything as we should have. What evidence do you have to show the contrary?
The federal law says that non-residents are considered to be a tax resident in Switzerland if you work here 30 days a year or spend 90 days here without working.
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  #40  
Old 27.09.2011, 21:30
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Re: Spouse remains in the UK, will I be taxed as a Single person?

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The federal law says that non-residents are considered to be a tax resident in Switzerland if you work here 30 days a year or spend 90 days here without working.
That's seems clear then, 28 days not working..........
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