Skip to main content

This is a new service – your feedback will help us to improve it.

Posted Sat, 09 Mar 2024 21:51:49 GMT by MikeMiaw
Hello Admin, I am holding a skilled worker visa in the UK starting from July 2022, do I get exemptions for: 1, NICs in the first year 2, BIK tax exemptions, including the accommodation and company car. 3, if the answer is yes, the exemption is possible, what should I do if I have already paid more than I should, meaning all NICs paid, and all the BIK had been taxed? Thank you for offering me the help.
Posted Mon, 18 Mar 2024 14:36:03 GMT by HMRC Admin 19 Response
Hi,

In generic terms, UK resident and domiciled individuals are subject to tax on their worldwide income and gains on an arising basis, this is regardless of the tax exempt status in India. Foreign Tax Credit Relief is available in respect of tax deducted at source on Non-Resident Ordinary (NAO) accounts. 

Although Non-Resident External (NRE) interest income is not taxable in India, NRE interest income has often been mistaken as being non taxable in the UK. This is incorrect, UK tax residents are subject to UK taxation on their worldwide income and gains subject to any remittance basis claims. 

Under the UK-India Double Tax Convention, NRE account interest taxable in the UK, can receive credit for Indian tax, even if this has not been paid as the credit relief amount is calculated through the tax spared mechanism, which deems Indian tax to have been paid at the marginal rates applicable there. You can see guidance here:

DT9553 - India: Notes 

Under the UK-India Double Tax Convention, NRE account interest taxable in the UK can receive credit not exceeding 15% for Indian tax even if this has not been paid. 
UK tax relief not exceeding 15% is available for ten years from the opening date of the NRE account per Article 24(5) UK-India Double Tax Convention. 

UK/INDIA DOUBLE TAXATION CONVENTION

NRE interest income should be declared within an in individuals UK Self Assessment return. 

Thank you.
Posted Mon, 18 Mar 2024 16:57:12 GMT by MikeMiaw
Dear Sir/Madam, thanks for your reply, but I don't think it's much relevant to my case, as I was only asking the NIC in the first year and BIK related taxes in the first two years. Also I am from China, nothing to do with India, thanks for considering another update for me?
Posted Fri, 22 Mar 2024 11:58:56 GMT by HMRC Admin 20 Response
Hi MikeMiaw,
There are no special exemptions for holders of a skilled worker visa, in relations to national insurance, benefits in kind, accommodation or company car.  
Tax and national insurance is payable on income and benefits in kind in the tax year that they arise.
Thank you.

You must be signed in to post in this forum.