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25% threshold and '...
 
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[Solved] 25% threshold and 'back-dating' rules etc.

 
(@Will99)
Estimable Member Registered

Ok I have just had my annual review today, and the CMS have used my gross 'earned' income figure from the 2019/20 tax year as the basis of the calculation.

However - for the first time - I also have rental property income for that year which has not been incorporated.
This 'unearned' income is just over 20% but less than 25% of my earned income.

So can I ask you learned people :-

1. My ex- is well aware of my unearned income, and may well apply for a variation in this regard. Even I do not wish to hide income away from the CMS. So if I or my ex- apply for a variation on the basis of this unearned income not having been taken in to account, will the CMS actually change the calculated CM amount given that it represents less than 25% of the figure they have used already ?

2. What about the 'back-dating' rules ? I.e. is it possible that next year's review will 'claw back' any underpayment from this year ?

Thanks if anyone can enlighten me ....

Quote
Topic starter Posted : 12/11/2020 8:59 pm
(@hrabbit)
Estimable Member Registered

My experience shows that if your ex applies for a variation and it unearths additional income, you will be reassessed on that additional income, regardless of if it breaches the 25% rule or not.

I think there will only be a backdated award for last year, if you breach the 25% rule.

I am not 100% per cent on this, but think it is correct.

ReplyQuote
Posted : 12/11/2020 10:03 pm
(@dadmod2)
Illustrious Member

i would advise to let CMS know about rental income, to avoid problems later on. in one of my annual reviews, my salary was showing as zero. because my accountant never bothered to assign me a salary (director of a company). this is the only figure CMS had to go on, and they wrote to ex to let her know I will be paying zero lol. so I told them about the dividends I withdrew from the company as my income. so they sent me a new calculation in the post, as a variation.

ReplyQuote
Posted : 12/11/2020 10:18 pm
(@dadmod2)
Illustrious Member

if your rental income is atleast £2,500 a year, CMS will take into account and would want to know about it.

ReplyQuote
Posted : 12/11/2020 10:26 pm
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