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  • RE: Residevncy, foreign income and self-assessment

    ...i.e. you can be SRT in the UK and SRT and Treaty resident in France (i.e. not the UK) or SRT and Treaty resident in the UK whilst being SRT in another country or countries...on that basis the guidance per the Treaty is relevant as to where sources can be taxed...being treaty resident outside of the UK would mean that sources that are "only" taxable in one state are not taxable in the country where there is no treaty residence, if a person is still SRT there and the source "may" be taxed outside of the other country of SRT then it is still liable in the other country of SRT, with a tax credit.
  • RE: Residevncy, foreign income and self-assessment

    Me again...In the area you are considering the DTA rules on treaty residence where there is something to be decided that is not clear under SRT rules...this is mainly when a DTA states a source is "only" taxable in one state where SRT resident in both. It does not alter the principle that a person who is SRT resident in the UK (whether resident in one, two or more countries) is liable to UK tax on a source that "may" be taxed by a state. The principle is that if you are SRT resident in the UK your worldwide income and gains are taxable. It is only if the DTA then says a source is taxable "only" in one state that treaty residence is considered. I agree, if Frenchie is SRT resident in both countries he should consult treaty residence but the DTA doesnt say that the property income is taxable "only" in one state, so its irrelevent...it says France may tax it, but he is also already caught under worldwide income principle in the UK, so must include it in his UK return and claim the appropriate tax credit. For "may" read "can" or "is allowed to" not "has exclusive rights to"
  • RE: Split year treatment/NRL

    Not HMRC...tax acct. Your SA return for 23/24 will include all UK income, so salary, tax, deduct any allowable expenses (subscriptions etc) , also need to include child benefit if claimed and over income limit, also, the rent from start to 5 April 2024, expenses, and separately dont forget mortgage interest as a tax credit for the period let. You cant complete HMRC version as you need to complete residence pages also to claim split year from date of departure (so HMRC also require that date, confirmation resident in year prior, resident in Australia going forward etc)...various boxes to complete on that. Then next year, again, r esidence pages, claim non residence tax status for full year and the 24/25 form will only contain UK income. Australia can also tax the property income under the DTA...and Australian accountant will want a copy of your UK return to claim any UK tax paid against Australian liability if any, and to replicate UK income/expense figures etc.
  • RE: Residevncy, foreign income and self-assessment

    Not HMRC...tax acct. Unfortunately, you are confusing the relevance of SRT and DTA in your circumstances. The starting point is your SRT. If UK tax resident under SRT then the priniciple that immediately comes with this is "you are liable to UK tax on worldwide income and gains". That is a fundamental principle of taxation (pretty much worldwide). Then, you look at the DTA re relevant sources. The French DTA says property income may be taxed in France. The word "may" here does not mean if they do thats it. It means, France may tax it and you then have to include the information in the UK also, and because the DTA says may, you can claim tax credit in the UK for French tax paid on that source. I appreciate its confusing, but you should have submitted UK returns as a UK tax resident, included the French source and claimed tax credit relief. This is one of the biggest areas of misunderstandings around tax...SRT is looked at first, and if UK tax resident under SRT rules you are liable on worldwide income and gains in the UK, then treaty residence becomes relevant if resident in another country also, when the source is "only" taxed in one country, thats when treaty residence is important, where statutory residence includes the UK then all sources worldwide must be included on UK returns unless the DTA says "only" one state and thats when treaty residence becomes relevant if statutorily resident in more than one country as to which country that source is taxed.
  • RE: State Pension and how to record on self assessment tax form

    Not HMRC...tax acct. The standard practice is 52 weeks at the weekly rate after the increase each April or 13 x the four weekly rate recived each year, taken from any payment received that doesnt cross the tax year ends. This is the method used by DSS/HMRC and the accountancy industry ad infinitum, there is no need to get in to "accrued periods" etc, as it is payable in arrears and everyone's payment dates are different (day of the week paid dependant on last letter of NI number) this is the accepted way it is assessed, it is the way it is calculated for tax codings (plus or minus £5 for rounding through PAYE) and is the figure HMRC would expect.
  • RE: How to use interest relief tax credits against additional income.

    NOT HMRC, tax acct, you cannot use the mortgage interest tax credit against other sources of income, the balance unused is carried forward to following years until used, and the other sources of income are liable to tax in the year
  • RE: Foreign tax on dividends

    NOT HMRC, tax accountant. You cannot claim the excess in the UK, the claim for foreign tax credit is restricted to the UK liability, so the excess is not available in the UK,
  • RE: Dividend tax calculation error in online SA?

    NOT HMRC...tax accountant...Note you advise re "charitable donations" claimed...if insufficient taxable income remains after Personal Allowance this will throw all income liable at 20% to reclaim the basic rate credit on gift aid, sounds like this could be your issue?...but note, the HMRC calculation will be correct in that circumstance, you need the taxable income to cover it, otherwise the dividend rate doesent even become a factor.

    Pear to Pear .
  • RE: Interest Charged after I updated my Self Assessment

    Im not HMRC, am a tax acct. Its because, the additional tax was technically due either by 31 January 2024, or, if you were liable to payments on account January and July 2023, and if liable for payments on account for 2024/25 then the first also was 31 January 2024.In all cases, the additional tax is being paid late, hence interest.
  • RE: Why am I being asked for interest for tax?

    Im not HMRC, am a tax acct. If you are due to make payments on account and you reduce these, but tax is due for the year, HMRC automatically charge interest back to the original payment dates, so interest on 50% of the tax from the preceeding January and in terest on 50% of the tax from the preceeding July, i.e. both preceeding the January after. Payments on account are not "optional"...if they are calculated as due and you reduce them (in your words set them to zero) and leave less in charge than the tax that is due for the year you will always incur interest, and that interest is not appealable.