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Posted Wed, 13 Mar 2024 04:14:41 GMT by Ian James Hornby
The UK has not been my home since 1 February 2017. My home has been in Thailand since then up to the present day but I have spent a lot of time travelling in Australia, New Zealand, Vietnam and Cambodia and some short visits to the UK. I have continued completing self assessment and paying UK tax for years as l have rental income from UK property and a Government Police Pension. I have recently notified HMRC of my home address's in Thailand and from various HMRC online resources it seems quite apparent to me that I have not been a resident for tax purposes in the UK since 21/10/19 which was the last time I spent more than 90 days in the UK on a visit. I have looks at the Statutory Residence Test (SRT) and the Sufficient Ties Test and I believe that I have not been a Resident in the UK for Tax Purposes since Oct 2019. I will complete the tests when I complete my tax return for the 2023/24 year. During this current year I did/will not spend any time in the UK. Apart from my Government Police Pension and my rental income on UK property (UK tax paid on these each year via SA), I may also have some capital gain on crypto currency investments. Up to now I have not made any gains in crypto, just losses. Assuming I shall be deemed a non resident for tax purposes by HMRC for the 2023/24 tax year, am I correct in understanding that in such case, I will not be liable to pay CGT on any crypto gains to HMRC for this tax year and years going forward as a Non Resident for Tax Purposes? Non of the crypto currency that I purchased was when I was in the UK. It's been purchased via international crypto exchanges through UK bank transfers to these exchanges. If I realised my crypto currency capital gains would it make any different regarding tax if I deposited the gains into my UK bank account? Am I correct in my understanding that I will not be liable to any crypto currency CGT in the UK as long as a remain a Non UK Resident for Tax Purposes under the DTA Thailand has with the UK? I look forward to clarification on these points. Thank you.
Posted Wed, 20 Mar 2024 08:46:11 GMT by HMRC Admin 19

We are unable to provide you with a difinitive answer to your question in this forum. We can only provide general advice. For an answer to a personal question of this nature, you would need to contact our Self Assesment team or seek professional advice.

Self Assessment: general enquiries

Please have a look at article 14(4) of the UK -Thailand tax treaty on capital gains. This relates to other property, such as crypto currency. Paragraph 5 also gives guidance on occasions where the UK can charge Capital Gains Tax on UK gains, relating to a resident of Thailand.  

UK-Thailand Double Taxation Convention signed 18 February 1981

Thank you.

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