HMRC Admin 5 Response
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RE: Bought a new computer
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RE: US/UK tax treaty - section 17 4 Annuities
Hi
Per the DTA, - Any annuity derived and beneficially owned by an individual (“the annuitant”) who is a resident of a Contracting State shall be taxable only in that State.
The term ""annuity"" as used in this paragraph means a stated sum paid periodically at stated times during the life of the annuitant, or during a specified or ascertainable period of time, under an obligation to make the payments in return for adequate and full consideration (other than in return for services rendered).
As the US have deemed your payment not to meet this requirement, they have correctly taxed the payment.
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RE: Gift money and tax
Hi Ilker Temeltas
There are no income tax implications on the receipt of a cash gift unless the cash gift generates interest or dividends.
These would then potentially be subject to tax. Further guidance can be found here (Tax on savings interest and Tax on dividends).
There is no limit to amount that can be given.
Thank you -
RE: Conflicting information on HMRC website
Hi
It would appear that there is an error on the guidance. It was last updated on 15 January 2024. The rates shown for 2023 to 2024 also apply to 2024 to 2025, as they have not changed.
Thank you
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RE: Domicile Rules
Hi
Domicile in the UK only refers to how your world-wide income is taxed. Please have a look at Residence, domicile and the remittance basis: RDR1 for guidance on domicile.
If you are resident in the UK, you are by default, taxable on your world-wide income on the 'arising' basis, each tax year.
You may also wish to review the guidance at RDRM20000 onwards (Residence, Domicile and Remittance Basis Manual).
Thank you -
RE: Capital gains and tax liabilities after restructuring of a Company
Hi
These are not gifts. They would be included for working out any capital gains due if sold - Company share reorganisations
Thank you -
RE: Defined benefit scheme- Calculation of pension input for a careers average scheme
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RE: gifting of foreign property by foreign resident to a UK resident
Hi
No. She will have to declare any income that is generated from the property if it is rented or sold.
Thank you -
RE: Excess Reportable Income (ERI) query
Hi Edward
If you received income from it on the same day you sold it, then yes.
Thanks -
RE: Scotland - applying against penalty
Hi
You will also need to Appeal against the Late Payment Penalty, this is different from a Late Filing Penalty, and object to the interest charges - you can do this in writing or online - see the following guidance - Appeal a Self Assessment penalty for late filing or late payment.
HM Revenue and Customs,
Self Assessment & PAYE
BX9 1AS
Thank you