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Hi,
On my CMS case, the parent with care has requested a tribunal. I'm the sole director on my own limited company and pay myself a PAYE salary and also dividends - both are taken into account in the CMS calculation, which is totally fair.
However, I'm less certain how the following are taken into account in a tribunal situation:
1) Retained profits in the business - my income fluctuates year-on-year, so since starting the company five years ago I've built up a reserve so that I have a good buffer to fall back on. This is now at a level that I'm comfortable with and the reality is that I wouldn't look to grow the reserve further. However, in a tribunal situation how is a cash reserve viewed and how do I 'prove' that I've done it for that reason and that the amount of reserve is at a reasonable, but not excessive, level?
2) Company pensions - the company has not made any pension contributions since I incorporated it five years ago. I made a few enquiries, but general life took over (very busy at work, got married, had a baby, etc.) The consequence is that I'm now intending the company to make a pension contribution and the first will be a lump sum payment as there's been nothing in the last five years. Thereafter, the annual pension contributions will be at a 15% level. How would a tribunal view this? The timing will seem very coincidental if I do it shortly after a tribunal was called - I have an audit trail that can show I started the process before the tribunal was called, but just not sure how this would be viewed by a tribunal?
3) Expenses - I also take money out of the business to cover expenses. All above board & reasonable. My accountant is comfortable with all of this and I'm happy I could provide the rationale. However, how do tribunals look at expenses and do they overturn anything they don't agree with and consider it income instead? Can tribunals turn into a case about accounting principles? If so, how would I even begin to debate this with them in a tribunal situation?
I'd love to hear from anyone who's had experience of this. I'm all for the CMS payment calculation fairly, but I've read a few horror stories with regard the tribunal process.
Thanks!
I'm sorry, I'm completely clueless about tribunals, hopefully someone with knowledge will be along shortly to offer some advice.
I would have thought that the reserve might be considered as savings, I think there's an entitlement to savings of up to £65,000, but not 100% sure.
As far as pensions, if you can show that your had started looking into it pre the tribunal, I would say that should be acceptable... also 15% isn't an excessive amount and you could argue that the tribunal has spurned you on to get everything in order financially so that everyone knew where they stood.
Best of luck
Although the final decision lies with the tribunal, 15% seems to me like a perfectly reasonable, sensible, prudent amount to put aside into a pension.
If they give you grief about 15%, show them this:
https://www.theguardian.com/money/2016/mar/02/pensions-retirement-savings-15-per-cent-workers-income-needed-review-finds
I did use a tribunal over 10 years ago, so they may be different, but certainly when I spoke after the hearing to the CSA representative, there were no fixed rules, and it was dependant on what was reasonable, and whether they thought the contributions were primarily to get out of paying maintenance (so my ex's 100% payment into pension was considered excessive, to say the least!) - I think 15% is perfectly reasonable so hopefully you won't be given grief on this.
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