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Posted Mon, 09 Dec 2024 18:36:59 GMT by ciho_mimo
I'm asking this as the employee as my employer wasn't sure.
I've been employed by my UK employer for a few years, this tax year I decided to move abroad and filled in form P85, still working for employer remotely but on tax code NT.
I am a UK citizen and still pay NI and pension contributions. I just don't pay income tax as I'm not tax resident for the year.
I want to stay and work from abroad for another year.
Question is, is it OK to leave an employee on UK payroll just like any other UK resident employees, other than that my tax code is different?
Legally, can I stay as an employee and get employee benefits as long as my employer is happy with it?
I know when it comes to termination and dismissals, there may be gray areas as to which country's laws apply but dismissal aside, if I just want to remain an employee but be non-UK resident for a couple of years, is that OK?
I know I will be back in the UK so I don't want make things complicated by going on a different contract while I'm abroad and then back to my UK contract when I'm back.
Posted Thu, 12 Dec 2024 14:44:16 GMT by HMRC Admin 13 Response
Hi ciho_mimo
We are unable to advise on employment contracts.
If you are as still liable to Class 1 NIC, then your employer should keep you on their payroll and account for the NIC due as normal. 
If your employer requires more information they can use the contact options at: Employers: general enquiries.
Thank you.
 
Posted Thu, 12 Dec 2024 15:09:30 GMT by ciho_mimo
Thanks for your reply. I guess I wasn't clear on my question, what I'm after is, is there any restrictions by HMRC or in the UK employment rules to not allow a non-UK resident to be on a UK employment contract? In essence, my employer has no problem with that setup if they know for sure they aren't breaking any rules. Sure they can reach out but I wanted to also have a reference. Many thanks!
Posted Mon, 16 Dec 2024 12:02:11 GMT by HMRC Admin 17 Response

Hi ,
 
 
When you are referreing to contracts etc and 'legally' as to whether you qualify for benefits as in your earlier question
to my colleague HMRC cannot clarify this for you.

Youe question falls within the realms of Employment Law which is dealt with by ACAS.

You can call them on 0300 123 1100  .

Thank you .
Posted Wed, 18 Dec 2024 14:59:01 GMT by EB123
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