Residence Status In The Uk?

[nellyp]

I left the Uk in September 2010 to live in LOS, and had therefore spent 150 days there since the start of the tax year. i am completing another self assessment tax return for HMRC and am confused about my residential status. Am I counted as non-resident for that tax year? I have a property i rent out back home, but no other ties. I have been reading the help forms of the gov site but they seem vague and unclear. does anybody know what I should do~? I was told that I needed to complete the non resident suppliment over the phone, but they have given me a lot of incorrect advice about this whole tax issue. I am using Forbes software to submit the form so I do not want to get it wrong as it costs £20 a time.

[highchol]

the form they mentioned i think is the p85 where you declare your non residency, you become non resident fromthe day you left uk.

Best do as they advise and complete the form, its free, never knew of a few to submit it, i didnt but that was 10 years ago.

[cardholder]

You should have tax deducted at source on your rental income - unless you have received approval from HMRC to receive gross payments. Another form NRL1 is required.

[taninthai]

I left the uk oct 09 last week my mum rang to say I have got a £100 fine for not submitting my self assessment form ,so I rang the tax office told them I had not lived or worked in the uk since 09 ,they just asked me a few questions about income which I simply answered no to everything ,they then cancelled the fine and closed my self employed status,it was all done within a 10 minute phone call easy.

[jonnyscot]

As above, i completed P85 form on leaving the UK a couple of years back, check out Guidance notes HMRC 6, on HM revenue and Customs website if you haven't already done so already.

Sent from my iPhone using ThaiVisa app

[Soutpeel]

Do believe the rule is you need to spend an average of 90 days or less in the UK averaged out over 4 year....if you have spent 150 days in the UK in one tax year r...you may be are scr*wed...and may not be classed as non-resident, what you been doing for the last 4 years ?.

If you have only been out the UK one tax year, going to have a hard time convincing HMRC that you are a legimate non-resident

If your question only relates to tax on rental income in the UK per "cardholder's post

Edited March 18, 2012 by Soutpeel

[topt]

Do believe the rule is you need to spend an average of 90 days or less in the UK averaged out over 4 year....if you have spent 150 days in the UK in one tax year r...you may be are scr*wed...and may not be classed as non-resident, what you been doing for the last 4 years ?.

If you have only been out the UK one tax year, going to have a hard time convincing HMRC that you are a legimate non-resident

If your question only relates to tax on rental income in the UK per "cardholder's post

It may not be that difficult. For 2010/2011 tax year he may only be able to claim a split year but it is worth asking the question. I was in a similar positon in 2008 except I left in July and had a long conversation with an advisor who actually rang me back after I had contacted the help line. Following that conversation I submitted the P85 form along with the self assessment.

Maybe I was lucky but the "advisor" I spoke to was great and I have not had any issues and was even able to reclaim tax paid on interest received in that and the following year against the personal allowance.

Edited March 18, 2012 by topt

[prefabs]

You should have tax deducted at source on your rental income - unless you have received approval from HMRC to receive gross payments. Another form NRL1 is required.

Even though you are non resident, you still have your Personal Allowance, so tax on one rental property would be neglible

[steve187]

use the government web site to complete the form, no charge, and say you are there, you still get your tax allowance. and others are correct, if the tax man knows you are not in the UK, tax should be stopped at source by your letting agent, or the people renting if renting direct.

[bprinceuk]

You may want to read up on the Gaines Cooper case, this guys has been claiming non residency for many years while living in the Seychelles and limitting his UK visits to within the 90 day law. He lost his Supreme Court Appeal last October and one of the grounds was that he still owned property in the UK and still had ties to the UK.

[Soutpeel]

You may want to read up on the Gaines Cooper case, this guys has been claiming non residency for many years while living in the Seychelles and limitting his UK visits to within the 90 day law. He lost his Supreme Court Appeal last October and one of the grounds was that he still owned property in the UK and still had ties to the UK.

Being in the country 90 days or less per year is not the only criteria they use to assess your claim to non-residency, there was talk/rumours under the Labour goverment that they were going to change in rules in that if you owned property in the UK as British citizen, they were not going to give someone non-residency status, as owning a house in the UK inferred you had "strong ties" with the UK

[brewsterbudgen]

I've lived and worked in Thailand for 7 years, only returning to the UK for a two week holiday each year, yet I still complete an online self-assessment form each year as I receive a notice to do so, despite me advising them of my situation. I no longer have any UK assets, except a bank and savings account (I used to rent out a property but have now sold it), and each year I get a tax refund on the interest I've paid for my UK accounts.

[metisdead]

General topics is for general interest topics related to Thailand only. As this is not Thailand related, it is now closed.