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Posted Tue, 17 Oct 2023 11:35:56 GMT by njc23
Hello there, My wife and I are considering renting my house out if I live abroad, and if I do, We will be using a letting agent. Qu1)My wife is a permanent residence of the UK but a citizen of the South Korea, whereas I am a British Citizen. Will this effect our personal tax allowances when we do our tax return forms aid if so how? Qu2)Please can you confirm that we should fill out the SA100 and the SA109 and SA105 forms when we do our tax returns each year in order to calculate the right amount of Tax owed using either an accountant or 3rd party software? Qu3)As the letting agent will deduct tax from the start, which form would we need to fill out for a refund? QU4)Lastly as the property is owned equally by both my myself and my wife I assume it's fine to divide our income from rental property between my wife and myself on the tax return ? Thank you and I await the answers to these 4 questions
Posted Wed, 18 Oct 2023 14:11:51 GMT by HMRC Admin 10 Response
Hi
Thank you for your question.
Based on the information provided in your question, it may be worth taking a look at some guidance attached regarding the Non-Resident Landlord Scheme which registration would be required:
What the Non-resident Landlords Scheme is
&
Non-UK resident landlords.
As the NRL scheme is created for people residing outside of the UK, the letting agent would deduct tax from your UK rental income and pay this to HMRC.
Alongside the SA100 Tax Return, the SA105 UK Property & SA109 Residency supplementary pages should also be completed to claim your personal allowances, as well as on your wife’s if she qualifies for personal allowances as well as disclosing any property income you receive.
To answer your last question, as the property is owned by yourself and your wife, we would expect that income from property and any expenses incurred would be split between yourselves.
Posted Wed, 18 Oct 2023 15:32:57 GMT by njc23
Thank you for reply thus far. However, would you kindly confirm the following: if my wife (a permanent resident of the UK) and I ( A British Citizen )will we be able to use our taxable allowances when we live abroad when we do our UK tax returns. Also, please confirm the following I assume it's the letting agent's role under the NRL scheme to collect and pay the tax due on non-resident landlords rental income on a quarterly basis. I also assume that when the Landlord completes their tax returns at the end of the year, any tax refunds that are calculated will passed back to the landlord by HMRC via their chosen method of payment. I await your reply so that I understand the NRL scheme and how tax and refunds are calculated.
Posted Tue, 24 Oct 2023 08:35:18 GMT by HMRC Admin 17 Response


Hi,
 
Thank you for your question.

As advised in the previous response, upon competing your annual Self-Assessment Tax Return and the relevant supplementary pages listed earlier, within page RR2 of the SA109 Residence page, you will both have the opportunity to claim the UK personal allowances against foreign income (your wife as a permanent resident of the UK) and yourself as a British Citizen depending on the country of residences double taxation articles listed here for your convenience:

Digest of Double Taxation Treaties .

As this forum relates to Income from property only, I would suggest contacting the NRL helpline on 0300 322 9433 within the UK,
or +44 300 322 9433 from outside of the UK for additional support.

Thank you  .

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