Husband and wife Partnership has ended when the couple split up last summer, we have been engaged by the wife. It appears that Husband completed Partnership tax returns without accounts or assistance of an accountant in the past
When the marriage split up, husband left the country and now lives overseas. We have all of the paperwork which will allow us to prepare the figures for the partnership return and produce a set of partnership accounts to cessation, but here lies the problem.
Husband will not have anything to do with us, refuses to allow us to prepare accounts and has said he will not authorize or acknowledge the partnership accounts or partnership return that we produce
Are we able to carry on without his involvement, the records are sound we have all invoices and bank statements. Can wife legitimately sign the Partnership return without his say so which will create a large tax liability for him ??
Wife's solicitor wont get involved, Husbands solicitor backs his client
My initial reaction was run a mile, but she is a reasonable person who has carried on the business as a sole trader and just wants to tie up the loose ends of the partnership
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File & be damned
Waiting for the solicitors, HMRC or any of the institutes to provide a practical solution will be fruitless and achieve nothing more than further penalties accrued for non/late filing.
There is the technicality of who is the authorised partner but I would argue that as the husband has emigrated this defaults to the wife.
I assume you have some sort of paper trail of the husband's non-cooperation therefore you can only act in the best interest of your client, the wife.
As a matter of interest what is the husband's solicitors' stance on the matter? You say they back him, but what does that actually mean? What do they say should happen?