HMRC Admin 2

Hi,

You can find guidance on buying and selling shares here:

Tax when you buy shares

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Hi,

You can findguidance below on selling a property abroad and also the statutory residence test to determine your residency status for the year of the property disposal.

Tax when you sell property

RDR3: Statutory Residence Test (SRT) notes

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Hi,

The place of supply of a service is determined by where the customer belongs for a particular supply. If they have separate branches it can be difficult to decide where the customers belongs for a particular scenario. However both parties would need to be satified as to where this is.

If, as either the supplier or the recipient of services, you have establishments in more than one country, it is essential to determine which of those places is treated as making or receiving the supply in question.

It is generally the case that the business establishment will be the most closely concerned with the supply. But, if the supply is made using the human and technical resource of a fixed establishment, or the supply is received for the needs of the fixed establishment rather than the business as a whole, then this will be the place most closely concerned with the supply.

Where a branch of a company contracts and pays for purchases that are to be used by the whole business, the supply will be seen as being made to the business establishment, not the branch. This will be the case even where the branch creates an internal charge to the business and other fixed establishments.

Please see the guidance which helps determing where a customer belongs where they have more than one establishment:

Place of supply of services (VAT Notice 741A)

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Hi,

If you were non UK resident in the year that you sold the property, you will not be required to declare this disposal on a UK Self Assessment form. 

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Hi,

You can find guidance on selling a property abroad here:

Tax when you sell property

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Hi,

If a partnership’s business is carried on wholly or partly in the UK, or if land in the UK owned by the partnership is rented out, it will need to register and obtain a UTR. Likewise, if a foreign entity is a member of a UK partnership, it will also need a UTR. There may also be a need to notify for other tax purposes.

Provided there is no UK presence or activity, there is currently no requirement for any partnership to register with HMRC. 

HS380 Completing Partnership Tax Returns for partners non-residence in, or domicile outside, the UK (2021)

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Hi,

You should amend your tax return form to remove the income figure if this is wholly and exclusively taxable in the U.S.  

The text should also go into the additional information box to confirm this. 

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Hi,

You would put the first date you acquired some of the relevant shares in the date of acquisition box.

The acquisition cost would be the number of shares sold x the average value of a share within the S104 holding.

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Hi,

It would be difficult to comment on a registration requirement in another country. However we don't believe you would need to register in Spain and charge VAT. 

If the situation was reversed and you were a Spanish company providing translation services to individuals in the UK, then there would be no requirement to register. There would only be a requirement to register in Spain if you are providing digital services to consumers.

If you are providing digital services then you could register for non union MOSS in any member state and charge and account for the Spanish VAT in this way

The guidance states:

VAT accounting options for UK businesses supplying digital services to consumers in the EU

The place of supply will be where the consumer is located. You must either:

• •register for the Non-Union VAT MOSS scheme in an EU member state
• •register for VAT in each EU member state where you supply digital services to consumers

VAT rules for supplies of digital services to consumers

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Hi,

We can see from the CIS guidance below that the hire of equipment with an operator is subject to CIS.

CISR14260 - The Scheme: construction operations: plant hire

The reverse charge for construction therefore will be relevant in this situation where the service is subject to CIS based on the following guidelines:

The reverse charge will need to be used when:

• your customer is registered for VAT in the UK
• payment for the supply is reported within the Construction Industry Scheme (CIS)
• the services you supply are standard or reduced rated
• you’re not an employment business supplying either staff or workers, or both
• your customer has not given written confirmation that they’re an end user or intermediary supplier

VAT reverse charge technical guide

Thank you.