HMRC Admin 5 Response
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Re: RSU vesting after employment ends and W-8 BEN tax rebate
Hi
As the payment is from your employer, the income should be shown in the employment section if it is included in your P60.
You would then claim credit for the Tax in the foreign section under 'Employment, self-employment and other income which you paid foreign tax on'.
If it's not included in your P60, please include it on the box on the employment page for 'Tips and other payments not included on your P60'.
ERSM20193 advises that when RSUs payout at the market value on what is called "dividend equivalents" in either cash or shares, such payments will generally be taxed as earnings in the year they are received.
Please see ERSM20193 - Employment-related securities and options: what are securities: RSUs and dividend equivalents
Thank you -
Re: How To Claim Refund on Tax Paid on Pension Lump Sum ((Self Employed)
Hi
You can still use the P53 form to claim the repayment as long as you have something to show the pension payment received.
You will need to estimate your self employment income for the correct refund to be calculated so that we can issue the refund before the tax return is due.
Thank You
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RE: Tax Residence Certificate from the past
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Re: Reporting employer's SIPP payment to me: where to include it on self-assessment form?
Hi
You would not declare this on your personal tax account as it is paid by the limited company.
You will claim the payment as a business expense in order to reduce your Corporation Tax liability and you will need to make sure the pension company is aware that it has in fact been paid by the company and not you.
Thank you -
RE: Living in Germany - paying German Tax but salary paid in UK (NT tax code)
Hi Nicholas Giannoulis
That is correct as from the date you left you are no longer UK tax resident. This way, only the income received up until you leave is taxable income on your return.
Thank you -
RE: UK tax on coupon payments from US T-Bonds and Notes
Hi edmund
Please have a look through the guidance on deeply discounted securities at SAIM3010 - Deeply discounted securities: introduction
If you bonds are not DDS, then then it will be a normal capital gain or loss, when you dispose of them.
Thank you -
RE: IRA tax treatment
Hi john2938
The £5000 starting rate only applies if your other income is under £17570. Periodic, frequent, payments or withdrawals (e.g. weekly, monthly, annually etc.), then those payments would have been taxable within the UK and ‘maybe’ exempt from US tax.
This is in accordance with Article 17(1)(a) of the DTA which, again from the perspective of a UK resident, states:
‘Pensions and other similar remuneration beneficially owned by a resident of a Contracting State [UK]shall be taxable only in that State [UK].’
As a result, these periodic payments are fully taxable in the UK and should be declared to HMRC on the Foreign Income pages (SA106) of a self-assessment return.
If US tax has also been paid on those payments, then it is important to note that no UK tax relief can be claimed to offset that US tax charge against any UK tax due - Instead, you must approach the US Internal Revenue Service (IRS) to claim US tax relief and the type of US tax relief available will differ depending on whether or not you are a US Citizen.
If you are not a US citizen, then periodic pension payments will be fully exempt from US tax and you should claim a full repayment from the US IRS.
However, if you are a US Citizen, you will only be permitted to claim the US version of FTCR, which will offset the UK tax paid against a US tax charge.
This is because the US taxes its citizens worldwide income, regardless of where they are resident.
So, if you are a US citizen, then Article 1(4) (as outline above) would kick in again and, this time, allow the US to tax any periodic payment received, despite Article 17(1) providing the UK with the sole right to tax.
Again, Article 1(4) effectively ‘overrides’ Article 17(1), and the consequence is that both the UK and USA can tax any periodic payments received.
In these situations, double taxation will occur since both the UK and the USA can tax the same income.
However, this time, it is for the US to eliminate that double taxation, since they are the ones invoking Article 1(4). This is in accordance with Article 24(1)(a) of the DTA, which states:
‘In accordance with the provisions and subject to the limitations of the law of the United States (as it may be amended from time to time without changing the general principle hereof), the United States shall allow to a resident or citizen of the United States as a credit against the United States tax on income:
the income tax paid or accrued to the United Kingdom by or on behalf of such citizen or resident.’
In summary, both periodic and lump sum payments from Traditional IRAs are taxable in the UK and need to be declared on the on the Foreign Income pages (SA106) of a self-assessment return.
The only difference is that periodic payments are taxable in the UK, so any US tax paid on those payments should be refunded by the IRS or, if you are a US Citizen, you should claim the US version of FTCR and offset the UK tax paid against the US tax charge. Whereas ’non-periodic’ or lump sum payments are taxable in both the UK and USA. In this situation, the UK should provide FTCR to offset the US tax correctly paid against the UK tax charged on that payment.
Thank you -
RE: moving abroad (spain) working for the uk
Hi
You will need to complete a P85 Get your Income Tax right if you're leaving the UK (P85) to advise that you are leaving the UK and will continue to work for a UK employer.
HMRC can then advise your employer to stop deducting tax, as you will be taxable on this employment income in Spain.
If you rent out your UK property, while resident in Spain, you will need to complete a self assessment tax return to declare the rental income, as this is still taxable in the UK.
Thank you -
RE: BNO
Hi Lilian Tong
As you are in receipt of overseas income (of any kind) you must declare your share of the income and expenses, in a self assessment tax return (SA100) on supplementary page SA105 (Property) and SA106 (foreign).
On page F4 of SA106, you would complete the boxes 14 to 32 as appropriate. You do not need to work out the foreign tax credit yourself, we will do this for you, provide you submit your tax return by the filing date.
Only fill in box 2 if you want to calculate the FTCR yourself. You can work out the foreign tax credit relief available for the Hong Kong tax paid, using
Relief for foreign tax paid (Self Assessment helpsheet HS263)
or if you submit your tax return.
Foreign notes
Foreign.
For submitting your tax return online, you would tick yes to foreign income and no to claim Foreign Tax Credit Relief on Capital Gains
Thank you -
Re: Overseas Landlord / Double Taxation
Hi
Box 22 should be left blank in your scenario as income from UK property is not exempt under double taxation treaties.
Even with the completion of the HS204, this income is still taxable in the UK. see guidance at Tax on your UK income if you live abroad
Thank you