HMRC Admin 5 Response
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RE: Self assessment - queries on saving interests and foreign income
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 -
RE: Claiming relief on US self-employment income tax due to different tax year
Hi
Please refer to DT19851, which provides a comprehensive list of US taxes (both federal and state) that are admissible (and non-admissible) for Foreign Tax Credit Relief under the terms of the UK/USA Double Taxation agreement. DT19851 - Double Taxation Relief Manual: Guidance by country: United States of America: Admissible taxes
Thank you -
RE: Non-resident with no UK-based income needs to file a self-assessment tax return?
Hi Melissa Johnson
You can contact us on webchat .
You can get instant answers to questions about Self-Assessment from our digital assistant.
Go to Gov.uk and search 'contact HMRC'. Then choose Self-Assessment and go to 'Ask HMRC Online'
Thank you -
RE: Self assessment or Add a missing employer
Hi
If you are living in Germany at the time you are working for the German employer, you would only be taxable on the German employment in Germany.
You will need to consider your residency status in the UK.
Please review the guidance at RDR3 and undertake the statutory residence tests:
RDR3 Statutory Residence Test.
Depending on the results, you may still need to dislcose the German employment on your tax return.
Thank you -
RE: How to fill in the worksheet on Forex
Hi A Wong
You do not have to use the worksheet.
Instead, you declare the total and add supporting evidence, such as a spreadsheet, showing how the gains/losses arise.
This can be saved as a pdf file and attached at the end of the tax return.
Thank you
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RE: Stock options vested in UK but sold in Italy
Hi
You would need to declare the disposal of stock/share options to HMRC, as they are taxed as income.
Helpsheet HS305 provides more guidance on employment related shares and securitites
Employment-related shares and securities (Self Assessment helpsheet HS305)
Thank you -
RE: Split year treatment
Hi Jky L
As your husband would be in the UK for more than 183 days in the tax year 22/23, he is tax resident for the full tax year.
If split year treatment applies, this would have to be claimed through a self assessment tax return (SA100, SA102 & SA109 plus any other relevant supplementary page).
If split year treatment does not apply, he would complete SA100, SA102 and any other relevant supplementary page.
In both cases, he would declare his Hong Kong income and tax deducted in box 19 of page TR7, which is an information only box.
This will not be part of any calculation.
Thank You -
RE: Foreign Tax Credit Relief on overseas dividends
Hi maninthestreet
Article 10 of the UK/USA tax treaty, allows for the USA to deduct tax of 15% on dividends.
Please see UK/USA DOUBLE TAXATION CONVENTION
You can claim a foreign tax credit up to a maximum of 15% of the dividend in your self assessment tax return.
If you are submitting a paper tax return, you can elect to have HMRC work this out for you or you can do this yourself, using HS263 Relief for foreign tax paid (Self Assessment helpsheet HS263)
If you are completing your tax return online, the system can work this out for you.
Thank you