HMRC Admin 32 Response

Hi,

If there is no gain arising from the disposal of the overseas property, there is nothing to declare. You would need to review the statutory residence test, to determine your residence status for 2021 to 2022.

RDR3: Statutory Residence Test (SRT) notes

If you are considered to be resident in the UK for the whole tax year, you will then need to review whether split year treatment applies. If it does, you will need to delcare this in a Self Assessment Tax Return. If split year treatment does not apply, then you would need to declare your world-wide income on a tax return and claim a foreign tax credit for 2021 to 2022.

Thank you.

Hi,

Please see HS283 Private Residence Relief (2023).

HS283 Private Residence Relief (2023)

If this was your only home and you had lived in it for the full period of ownership then you are entitled to private residence relief for the final 9 months, regardless of whether you had lived in it in those final 9 months.  If your gain is fully covered by private residence relief then there is nothing for you to declare as a Capital Gain.

Thank you.

Hi,

If your employer has processed the RSU's, even if they are overseas and this is reflected in your P60, you would include this in the employment section of the tax return. Where overseas tax was deducted, you can claim a tax credit for this in the foreign section. By referring to ERSM20193, my colleagues are highlighting the guidance that the payments from RSU's are considered employment income and will be taxed as such. If the RSU's are not included in your P60, you would show the money for the RSU's in the tips and other payments box in the employment section.

Thank you.

Hi,

If you are resident in the UK and receive an overseas income, no matter how little it may be, you meet the criteria for completing a Self Assesment Tax Return. If your relative disposes of the shares in Hong Kong in a tax year that they are not resident in the UK, then there will be not Capital Gains Tax liability.

Thank you.

Hi,

Please see 2010 Hong Kong-UK DTA Article 17 which confirms that pensions arising in Hong Kong are taxable only in Hong Kong. You are not required to declare this on your Self Assessment return but may wish to declare it as additional information. The choice on whether or not you include it as additional information is your own.

2010 Hong Kong-UK DTA  

Thank you.

Hi,

If the 3rd automatic overeas test applies, you will be considered non UK resident for the tax year. You would only be liable to pay tax on UK employment income and not your German employer income. This would need to be reported on a Self Assessment Tax Return.

Thank you.

Hi,

Council Tax costs cannot be set against any gains arising from the disposal of the property. They can be set against any rental income that the property generates.

Thank you.

Hi,

As you are in  receipt of forign income from bank accounts and foreign stock, you meet the criteria for completing a Self Assessment Tax Return. When it comes to Self Assessment Tax Return, there is no minimum limit for overseas income / gains.

You can register for self assessment at:

Check how to register for Self Assessment

Thank you.

Hi,

You will need to register as self employed, to be able to report and pay tax on the income arising from the company in Hong Kong. You can do this at:

Check how to register for Self Assessment

Thank you.

Hi,

It is fine to leave the capital gains account as it is.

Thank you.