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Posted Sun, 26 Nov 2023 23:04:25 GMT by pcchan005
Dear Sir/Madam, I came to the UK on 29 Jun 2022. I have some questions about whether I need to submission self-assessment return for the tax year 2022/2023: 1. I have earned salary during 5 Apr 2022 to 8 Jun 2022 in Hong Kong before I came to the UK on 29 Jun 2022. As I was not a UK resident in 2021/2022 and I only started to have a UK home on 1 July 2022, I should meet the criteria of split year treatment and my UK residency counted on 1 July 2022 (i.e. the day when I have a UK home). Thus, I don’t need to report the salary of non-UK resident part (i.e. the salary I’ve earned in Hong Kong from 5 Apr 2022 to 8 Jun 2022) in the self-assessment return. Please confirm if my understanding is correct. 2. I have earned saving interest in my Hong Kong bank accounts (i.e. interest earned outside UK) which is less than GBP200 in the tax year 2022/2023, do I need to report in the self-assessment tax return? 3. I also have earned saving interest in my UK bank accounts (i.e. interest earned in UK) around GBP300 in the tax year 2022/2023, do I need to report in the self-assessment tax return. 4. I have sold my stock in the tax year 2022/2023 which has no capital gain, do I need to report in the self-assessment tax return? 5. I have pension (Mandatory Provident Fund) from my previous employment in Hong Kong and have bought some life insurances. All of them have not yet paid to me (i.e. I do not receive any payment from these), do I need to report in the self-assessment tax return? Many thanks for your help.
Posted Wed, 29 Nov 2023 13:44:48 GMT by HMRC Admin 5
Hi

The UK / Hong Kong tax treaty allows for employment income arising in Hong Kong, when you were resident there, to be only taxable there.
So this income should not be declared (you can show it in box 19 of SA100, as a freehand note).  Interest in Hong Kong that arises while you were not resident in the UK, is not taxable in the UK.  
All overseas interest arising while resident in the UK, is taxable in the UK, so should be declared on a self assessment tax return.  
A self assessment tax return should declare your 'world-wide' income, so strictly speaking, this is why you would declare non UK taxable income as a freehand note, so that it is not included in any calculations.  
If the stock that was disposed of is from overseas, then yes it will need to be declared in a tax return.  Article 17 of the UK/Hong Kong double taxation agreement advises:

"Pensions and other similar remuneration (including a lump sum payment) arising in a Contracting Party and paid to a resident of the other Contracting Party in consideration of past employment or self-employment and social security pensions 
shall be taxable only in the first-mentioned Party".  

This would include mandatory Provident funds (MPF) Occupational Retirement Scheme Ordinance (ORSO).
Please see UK/HONG KONG DOUBLE TAXATION AGREEMENT AND PROTOCOL

Thank you
Posted Wed, 29 Nov 2023 18:18:01 GMT by pcchan005
Dear Sir/Madam, Thank you for your clarification. For the stock that was sold in Hong Kong during tax year 2022/23, I did not receive any gain from selling it (i.e. I recorded a loss when selling the stock), do I still need to declare in the tax return? Thank you for your help.

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