HMRC Admin 5 Response
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RE: How to declare US tax rebate
Hi
The refund from the IRS is not taxable in the UK.
Thank you
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RE: BNO
Hi Sam Lee
A fair and reasonable estimate would need to be used in this case.
Thank you -
RE: Is US tax refund taxable?
Hi
The tax refund from the IRS is not taxable in the UK. HMRC does not tax, tax.
Thank you -
RE: Self assessment for non UK domiciled
Hi,
As a resident, who is not domiciled in the UK, you are required, by default, to declare your world-wide income using the 'arising basis'.
If your overseas interest is less than £2000 and no tax is deducted from it, you can declare the interest in box 3 of SA100, so that it can be included in the tax calculations.
If you are not remitting the interest to the UK, then you are electing to use the 'remittance basis', which requires the completion of SA109, to claim the remittance basis and declare the unremitted income.
Have a look at Section 9 of RDR1, regarding the remittance basis. Exemption for small amounts of foreign income would not apply for overseas interest in excess of £100.00.
Residence, domicile and the remittance basis: RDR1
Thank you -
RE: P85 or SA109 confused
Hi
As you will be in receipt of income from property, you will meet the criteria needed for you to complete a self assessment tax return.
You can register for self assessment at Register for Self Assessment if you're not self-employed
If you want to be able to submit a tax return online while you are not resident in the UK, you will need to obtain a government gateway user ID and password, as well as purchase a 3rd party commercial tax return that covers residence.
The online HMRC tax return does not include residence and cannot be used. Your alternative is to submit a paper tax return SA100, Sa105(property) and SA109 (Residence).
Please not that your tax return must be submitted in its entirety either online or on paper. You cannot have a combination of the two.
Have a look at File your Self Assessment tax return online.
Thank you -
RE: Tenants In Common Husband & Wife Unequal SHares
Hi Mo2047
Thank you for your question.
I regret that this forum does not deal with questions about SDLT.
Here is a link on how to contact the office that will be able to answer your question:
Stamp Duty Land Tax
Thank you -
RE: Claim Year
Hi
Thank you for your question.
I refer you to our property manual
PIM1101 - Use of trading income rules: splitting receipts and expenses between years and
PIM1102 - Use of trading income rules: splitting receipts and expenses between years: examples
which explain that the deduction from profits must be made in the year that the work was carried out i.e in 2022-23 and not when the quote was made.
Thank you -
RE: Deed of assignment
Hi Libby
Thank you for your question.
As a Deed of Assignment has been created this would be deemed sufficient evidence to assign beneficial interest of the property to yourself.
Although you are not obligated to send this to HMRC, please be aware that HMRC may request this in future for inspection.
Thank you -
RE: Rental income allowable claim on self assessment
Hi S0787571
Thank you for your question.
Further information may be necessary to fully answer your query, however, based on my interpretation of your question that the property is owned by both yourself and your wife, then following TSEM9812 outlines that by transferring beneficial interest to your wife, she may claim for the maintenance bills or other charges incurred, as long as they are wholly and exclusively for the property business.
Thank You -
RE: Rental income split with spouse for foreign property
Hi
Thank you for your question.
Under normal circumstances, a Form 17 would be completed when Spouses/Civil Partners own a property in unequal shares, based on your question this would apply to your situation.
I have attached further guidance relating to transferring beneficial interest, in this case, rental income to another party.
Declare beneficial interests in joint property and income.
Found within PIM4702, additional information is given on rent from property outside of the UK:
PIM4702 - Rent from property outside the UK: Income Tax (IT)
I would advise that if completing the Form 17 that this only applies to UK property, so with your property outside of the UK, this would not apply.
Thank you.