Hi Nichick,
I have to say I have a lot of sympathy for you in this situation. I will deal with the issue in a minute but I have seen previously spouses who are directors of their own company effectively split their salary so that they can maximise the use of their tax bands at 20%. Unfortunately from my reading of the above you are not in a position to take this course of action.
You (and many others) are being discriminated in my opinion by the Minister for Finance. As I recall the concept of individualisation was introduced back in the late 90's/early noughties by Charlie McGreevy to encourage young mothers back into the work force at a time when we were nearly coming into full employment in this country. This was very controversial at the time and meant that one income families entered the higher rate of tax at a much earlier point than dual income families.
As we are all aware things have changed substantially in the interim and with many people losing their jobs (projected to be 500,000 people by the end of the year on Q and A last night) this concept is now outdated.
To give a quick example of how it affects Nichick and her spouse above is as follows. As it stands under current rules this couple will pay approx PAYE of €13,246 in 2009. (€70,000 - €45,400) x 41% + €45,400 x 20% + €7,000 x 20% - credits of €7,320.
If genuine joint assessment were to apply they would pay approx PAYE of €8,962. €77,000 - €72,800 x 41% + €72,800 x 20% - credits of €7,320.
Please note I have ignored income levies/health levies and PRSI to keep the calculation as simple as possible. Quick calcs so I hope they are correct! Anyway my point is that the couples liability is €4,284 (€13,246 - €8,962) higher as a consequence of this individualisation concept.
I believe this concept is very unjust on families particularly in the current climate. Anyone else have opinion on this?