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briley

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Posts posted by briley

  1. Middle ring road off Hang Dong road - but it is on the side approaching Hang Dong road.

    Turn onto middle ring road at Big C, take the first U turn and the shop is on the left. Not very big but we paid 625 sq m for granite for flooring

    He also has stuff at 3,500 sq m if you want it.

    Think it is called Chiang Mai stone and used to be near Windsor windows but recently moved. Only Thai spoken.

  2. a few questions for some clarity .......................

    It is my understanding that the Juristic manager is NOT automatically a member of the condo committee and so can not vote. But can attend meetings and if the chairman is willing can add his/her opinion. That is the way we are running our condo to keep a separation between the management committee and the Juristic Manager.

    But can someone be elected as Juristic manager and then elected as a committee member, and hence be a member of the committee? We are a bit short of willing people and all those willing to help want to be on the committee with a vote and not the Juristic Manager who has no vote (in our Condo).

    Then what happens if the Juristic manager resigns. The committee can appoint someone as Juristic manager, but can that be an existing committee member and would they than lose their vote on the committee?

    Finally, what happens if a condo can not find anyone willing to act as the Juristic manager?

  3. Chiang Mai,

    I do not like it either.

    Leaves the possibility of being non-resident for 4 years then return to the UK and all your income for the 4 years is taxed in that one year - to quote the inland revenue "will be chargeable to UK tax in the year you become resident again in the UK."

    My reason for thinking only remitted income is the line before the above "which you brought to the UK during the time you were not resident in the UK"

    I think the courts are going to have to make some interesting decisions in this area.

    Fortunately it does not apply to me now.

  4. I disagree that being absent for one year is the sole criteria used in determining residency, the following extract from HMRC6 explains:

    <SNIPPED>

    When I talked about being absent from the UK for less than five years I was not referring to Capital Gains but to ordinary taxation matters. The following excerpts explain:

    “If you have been resident in the UK, go to live abroad and then return to the

    UK at a later date which is less than five full tax years since your date of

    departure from the UK, you will have been temporarily non-resident in the

    UK. It is possible that any 'relevant foreign income' which you brought to

    the UK during the time you were not resident in the UK, will be chargeable

    to UK tax in the year you become resident again in the UK.

    This rule will apply if you were resident in the UK for at least four of the

    last seven tax years before you left the UK.

    'Relevant Foreign Income' is any foreign income which arises from a source

    outside the UK and is not from your employment. It includes:

    • dividends from foreign companies

    • profits of a property business (rental income)

    • the profits of a trade, profession or vocation which is carried out wholly

    outside the UK

    • pensions and annuities

    • interest

    • royalties.”

    Chiang Mai, - I agree with you fully that the 183 day rule is no longer the sole deciding matter, and I think it is a regressive step back to the situation in the 1970's. I have sympathy with PattyaParent who wants firm rules, but I also have sympathy with the tax man - when he makes firm rules some rich people earn millions and do not pay more than a few % tax by claiming non-residency.

    But picking up the part of the booklet HMRC6 (pg 39 if others want to find it) I disagree a bit with what sounds like your interpretation.

    I felt you make it sound as though unless you are out of the UK for 5 years then you will be taxed and treated as resident. But the quote has a number of weasel words such as "it is possible that'.

    In addition the I think the income has to be "brought into the UK" for it to be taxable. Easy to avoid if you remit part of the capital but keep the interest outside the UK.

    In addition it seems to be that income from employment (for most people their major income) is not taxable (provided duties solely outside the UK etc etc).

    Incidentally in my case I decided a few years back that it was better (or easier) for me to be UK resident for tax purposes and dropped all claims of non residency.

    Tax on all dividends is always taxed at 10% whether resident or not.

    Tax on any UK based pension it taxed in the UK whether resident or not.

    Tax on rental income from the UK is UK taxed whether resident or not.

    Tax on Thai rental income is taxable in Thailand then the UK - but be honest who declares it?

    Interest on savings can be tax free if non-resident but often the rates and the terms offered 'offshore' are poorer than the UK and no protection against bank collapse. But interest from an ISA is also tax free and put in £5100 a year and it quickly takes the majority of your cash savings out of the tax net.

    So for the majority of people in Thailand the question as to whether to be resident or non-resident is rather academic and most will find the tax paid the same whatever their status.

    And anyone who does not fall into this camp should not be seeking advice on Thai Visa!

  5. Chiang Mai -

    I think you are wrong. To be non-resident for tax purposes you only have to be out of the UK for one complete TAX year (ie April to April).

    The 5 year rule only applies to capital gains. If you become non-resident you do not pay capital gains tax. But if you become resident before you have been non-resident for 5 tax years you have to pay all the capital gains tax that accrued.

    Agreed with you last posting, being resident or non-resident is not as clear as it used to be. Maintaining ties with the UK can now make you resident even if you only visit for 93 days.

    From what I see if you only visit the UK for less than 182 days in any one year and less than an average of 93 days in the last 4 years you remain non-resident. Days of entering and leaving the UK did not count as in the UK.

    But some people were living in the channel islands, flying to London, working 4 days and flying back. Just 2 days in the UK. Do that for 40 weeks a year only 80 days in the UK so non-resident. As the rule of not counting days of arrival and departure as being in the UK is a concession and not the law the tax man said in these cased all days will count so they became resident. Very fair in my opinion.

    They also added some stuff about houses, bank accounts etc. Generally they only catch people who seem to be abusing the non-resident rules but I think the rules are not, currently, clear enough. I am old enough to remember the time when owning a house in the UK made you resident even if you never visited the country.

    edited:

    PS forgot the 90 day average has gone.

  6. It is not difficult to find out all the 'rules' governing resident and non-resident (and non-domiciled) in the UK. All the information you need can be obtain from the UK government web sites. A little spread out and it does take time, but the effort can be worth while.

    An adviser, the right one, can tell you the rules - for a fee. But there is little in it for them hence the need for a fee.

    I always think the biggest confusion people have is thinking that rules for one thing apply to another.

    Rules about non-resident for tax are not the same as for pensions and are not the same as for the health service. You can be resident for some reasons and not resident for others.

    (As a humorous aside - As a simple rule of thumb, if it means collecting money from you by HMG you are resident, if it means HMG giving you money you are non-resident. :) )

    If most of your income is UK derived then remaining UK resident (if possible) is normally a benefit.

    If most of your income is non-UK derived then becoming non-resident (if possible) is normally a benefit.

    Moving savings offshore and becoming non-resident to save tax is normally not worth while as offshore interest rates are often lower than UK rates - by about the rate of tax. Unless you need the regular income a UK resident is better off using a fund that does not pay interest but makes capital gains, then you can utilize your capital gains allowance every few years (or every year if you are that rich). A married couple under 65 (with a bit of care) can 'earn' up to £33,000 and pay no tax. Over 65 and you can go up to about £40,000 a year and pay no tax.

    But what I say generally applies to those with normal incomes and savings - not the rich! They should use advisers and pay the fees.

    PS I take no responsibility for any of the above being correct and the advice is worth what you paid.

  7. If you are genuinely non-resident in the UK for tax purposes then the UK authorities will only tax you on your UK earnings.

    If you have pension, savings and other income of less than the tax free allowance (forget how much, £6,475 if under 65?, someone will correct me) then you can fill in a form with nationwide to get your interest paid tax free.

    BUT

    I have always found banks and building socs do not like you to be non-resident and do make it difficult to fill that form. You can fill in the simple form R85 asking for the interest to be paid tax free. I believe you are supposed to be UK resident to use the form but the actual form you give to nationwide does not say that.

    Otherwise inland revenue have a simple form to claim the tax back.

  8. I've found a number of my torrents to be slow over the past week, assumed that the international link is not working well. I suspect problems to Europe as US seeds seem to work better.

  9. Were you told the same as me?

    When I did my retirement extension a week or so ago I was told I had to do a 90 day reporting on the date my retirement extension started - 12th Feb. This was despite doing a 90 day reporting early in January. Interesting the 90 day form has 12th Feb stamped on it.

    I plan to go on the 12th, if I do have to do a 90 day then it seems the rules have changed.

  10. The bus takes less than 4 hours - normally gets to Mai Sai before midday - 10 baht red bus to the border. But make sure you book your return ticket before going to the border, the bus back can be full and then you are stuck.

    I wouldn't take the cheaper buses, very slow and uncomfortable.

  11. Easyride - Nationwide reject ATMs that do not have a chip reader inside them. Look for a new machine or one in a bigger branch as they do have chip readers inside.

    I got that information from Nationwide who knew I had used an ATM and what time - but that NW had rejected the transaction.

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