Clive Smaldon

Not HMRC...Nikarako, the response you received via HMRC didnt expand enough. You advised you moved out of UK in Jan 24. As such, split year may apply for 23/24, in which case you should have completed 23/24 on paper or via 3rd party software only to include residence pages. Otherwise, without completing residence pages for 23/24 HMRC will consider you UK tax resident for the entire year and can (and will) seek to tax any foreign income from Jan 24 to 5 April 2024. If there is no foreign income (in Greece?) its not the end of the world, but you wont be able to complete 24/25 accurately as you wont be able to enter the date of leaving on those forms as it is in the previous year.

Not HMRC...you need to determine your statutory tax residence in both countries, if only statutory resident in one country then the salary is only taxable in that country (if you dont get caught under Netherlands statutory residence rules but are statutory resident in the UK then the UK and it should not be taxed in the Netherlands). If you are statutory resident in both then you need to determine Treaty residence (article 4) to determine which country takes precedence. The DTA is clear (article 14), salary from Netherlands is ONLY taxable in one country (so it only goes on one return) unless (some of) the duties are performed in the UK. Whichever applies to you you cannot claim tax credit it the other country as it is not liable in the second country...unless it needs to be split according to where exmployment is exercised.

Not HMRC...yes its liable to CGT. (Its also liable to income tax on income less expenses (and mortgage tax credit) throughout letting period on annual basis). There is no separate period you need to live in a property you own which makes it exempt. The calculation is the number of months lived in / total months owned as the exempt period, the period you let it out will always be liable, the fraction of the gain charged simply reduces each month you live in it (plus final 9 months exempt). If you lived elsewhere that's deemed a choice, unless it was a requirement (tied accomodation for job, e.g. military)

Not HMRC...you apportion the gain BEFORE applying the annual exemption

Not HMRC...wasnt aware a declaration of trust could be backdated? Could someone from HMRC comment? Thanks.

Not HMRC...you can try, but it will likely fail. HMO's are subject to Council Tax not Business Rates, as such they are residential properties and kept separately from trades. In addition, the income is rent. Also, I beleive this has already been tested in court so precedent has already been set, though Im stuggling to find the tax case. You would need to appeal, then ask for a review, then take it through the various appeal court tiers. If you are successful please post here as you will completely change the whole basis of the sector (and the entire principle of property/trade taxation)...hence why it will likely fail.

Not HMRC...if you put £50k in pension this is more than your earnings...therefore you cant get tax relief on excess...i.e. not on more than £30k earned income (dividends are not earned income)...and would end up with a tax charge. The max is £30k on £30k earnings. Your dividends after small allowance would use personal allowance/savings rate as appropriate and balance would be taxable at 8.75%. The balance of the basic rate band up to £37700 would be available for CGT at 10%, the balance above this however would remain at 20%. If you action £50k this is very tax inefficient.

Understood...all I can say is what seems right from a personal perspective versus what the law says can be two very different things...tax law often doesnt consider all circumstances that are out of the ordinary...until tested in court (thats why appeals processes exist and ultimately it can be taken to court to test the legislation that applies, tax cases are heard in court daily/weekly/monthly)...and then the law can be interpreted differently/changed if ruled in favour of the taxpayer or confirmed if HMRC prevail...the above is my interpretation of the position if someone asked me it's what I'd say, the events need to be considered somehow as ownership physically changed on the deeds, and as no consideration then the law would treat this as gifts, with all the legislation that relates to that...Id be more than ok to be wrong.

Not HMRC...where are you statutorily tax resident? UK? Australia? Both? If both countries then you need to check article 4 of UK/Australia DTA to determine which country takes precedence for sources in each country (pension (article 17) is, for example, only taxable in one country, which means, if Treaty resident in Australia then it shouldnt be being taxed in the UK, if Treaty resident in the UK then your UK return should include any Austrailan sources that are taxable in both countries with FTC...check the DTA for sources that "may" be taxed which means "can and will" be taxable in both, but not all income is tabale in both, as shown by pension)...If not statutorily resident in Australia then what you describe is OK...and you can claim allowances in the UK regardless as British citizen/commonwealth/under DTA, youd need to check re Australia. https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt https://www.gov.uk/government/publications/australia-tax-treaties/2003-australia-uk-double-taxation-convention-in-force#article-4---residence

Not HMRC...Student loan repayment is based on cumulative income from all sources. Not sure why you think the part time employment shouldnt be included in the calculation?....otherwise, by using that logic someone with 4 part time jobs could earn £10k from each, total income for the year £40k and pay nothing back whereas someone with one full time job on £4Ok would repay...the "threshold" only applies when operated against PAYE where income goes above it for PAYE student repayment rules, its not the definitive result, which needs to take account of all taxable income for the year.