RE1152 - Maintenance payments: Legally binding Deeds and Agreements

When you first learn that maintenance is being paid under a deed or written agreement

  • issue form 41(Sep) under Re1097 if you have not already done so
  • obtain copies of all relevant documents
  • when you receive these, use Re1104 - Re1105 to decide which rules apply to the payments.

If the New Rules apply, use form 140 and Re1114 - Re1116 to work out any maintenance relief due.

If the Old or Transitional Rules apply, submit to PAYE & NIC Group in accordance with Re1100.

If you learn that maintenance is being paid under an oral agreement use Re1104 - Re1105 to decide whether the New or Transitional Rules apply to the payments. If the New Rules apply, no relief is due, see Re1150 - Re1151. If the Transitional Rules apply or if there is a dispute as to whether a pre-15 March 1988 agreement existed or whether its terms were notified to the Revenue by 30 June 1988, submit the case to PAYE & NIC Group under Re1100. Since the recipient may be liable to tax on amounts received under a pre-15 March 1988 agreement, you may well find that the payer and recipient disagree as to whether or not, and when, a legally- binding oral agreement was made. For this reason before submitting the case you should obtain the facts from your taxpayer and ask the District dealing with the other party to obtain similar information from them. If the other party does not have a tax reference number then you should approach them yourself.

If the two parties cannot agree submit the case under Re1100.