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Posted Tue, 04 Jun 2024 14:24:36 GMT by Ahmed_ZA
Hi there, I need some advice/guidance what form/s to complete. I moved to the UK in January 2023 but due to personal circumstances I needed to return to South Africa at the end of December 2023. I am working remotely full time for my UK employer since leaving the UK and it's the only salary that I'm earning. I am still being paid via the company payroll to my UK account. I plan to return to the UK for 3 weeks max per tax year whilst carrying out work duties for my UK Employer. I am told that I need to complete a P85 Form so that I am not double-taxed as I would at some point have to pay tax in South Africa. 1. Do I need to complete a P85 Form? 2. The online form asked me to confirm if I want to "submit a claim now". Do I need to complete this? 3. On the "Make a payment to you" it asks for an address to send a payable order. Can I add my UK employer's address for this, or do I use the overseas address I provided? 2. It asks if I have parts 2 and 3 of P45? I have to say "no" as I am still employed by my UK Employer, right? Thank you.
Posted Thu, 06 Jun 2024 16:32:29 GMT by HMRC Admin 25 Response
Hi Ahmed_ZA,
Yes, you should complete the online form P85, to declare that you have left the UK and that you have live employment with a UK employer.
If HMRC need to repay tax to you, it will be in the form of a payable order, which can only be cashed in a UK bank.
If you provide a UK address, this is where the payable order will be posted to.
You may wish to use the address of trusted family or friends.  as you do not have a P45, you would select no.
Thank you. 
Posted Fri, 05 Jul 2024 07:13:54 GMT by Ahmed_ZA
Hi HMRC Admin, I have a follow up question: Do I need to complete the Form DT-Individual (Double Taxation Treaty Relief), which authority needs to stamp it and what would be the next steps? Thank you.
Posted Thu, 11 Jul 2024 08:21:22 GMT by HMRC Admin 25 Response
Hi Ahmed_ZA,
If already sending the P85, then no.
Thank you. 

 
Posted Tue, 31 Dec 2024 09:56:49 GMT by Markj2704! Jennings
Hi HMRC,
I'm currently on a Digital Nomad Visa in Spain which lasts 5 years, although its split and I'm on the first part of the visa lasting 2yrs I then reapply for years 3,4 and 5 as my NI form C3821/22 to continue paying NI in UK only lasts 2ys at at a time.
I'm living in Spain but working remotely for my UK company and will be returning to the UK approx 40 days per tax year.
My question is I need to complete my P85 as I become a Spanish tax resident from 1st Jan 2025 will you automatically apply an NT tax code to my UK employer once I've completed my P85 so I only pay Spanish tax or do i need to do something additionally?
thanks
Mark
Posted Fri, 10 Jan 2025 15:38:02 GMT by HMRC Admin 13 Response
Hi Markj2704!Jennings
The tax treaty between the UK and Spain Spain: tax treaties will give Spain the taxing rights on your employment income from the date you became resident.
You will need to complete a P85, confirming you have left the UK, but still remain employed by a UK employer Get your Income Tax right if you're leaving the UK (P85).
The P85 should show your UK employment details, so that we can arrange for your employer to pay your employment tax free, as it is taxable in Spain. You will still be liable to pay class 1 National Insurance contributions.
Thank you
 

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