HMRC Admin 19 Response
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RE: CGT 30 day rule Unit trusts
Hi,
You can see some examples here:
CG51560 - Share identification rules for capital gains tax from 6.4.2008: the “same day” and “bed and breakfast” identification rules
Thank you. -
RE: Tax treatment on closure of oversees business originating from a gift
Hi,
As you are non UK resident and it is not UK income, there is nothing to declare here. That would change should this happen after you return to the UK.
Thank you. -
RE: Exceeding ISA Allowance
Hi,
We cannot give financial advice. You would need to seek professional advice.
Thank you. -
RE: Share identification rules for foreign tax credit relief
Hi,
As it is within S104, you will apportion the Foreign Tax Credit Relief to only claim £10 at present.
Thank you.
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RE: How to for Letter of Confirmation of Fiscal Residence ( not certificate)
Hi,
The following guidance also covers the letter of confirmation too.
How to apply for a certificate of residence to claim tax relief abroad
Thank you. -
RE: Seasonal employment in France
Hi,
It would be a certificate of residence that you would request but this cannot be issued for a future date. You can see guidance here:
How to apply for a certificate of residence to claim tax relief abroad
Thank you. -
RE: Property Undervalued at Probate, just marketed and hopefully sold, is CGT payable ?
Hi,
The ownership of the property would cease at the time of death and would then be classed as part of the estate. A value would need to have been provided at probate and if the sale value was higher then Capital Gains Tax would be due on the estate.
Thank you. -
RE: Exchange rate on sale of US Shares
Hi,
It is the exchage rate in the tax year of purchase.
Thank you. -
RE: Rates of Stamp Duty Land Tax for non-UK residents
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RE: NMW/Salary Sacrifice and long term absence
Hi,
Where a worker qualifies for the National Minimum Wage (NMW), it is important to firstly establish the type of work they perform for NMW purposes. The types of work are:- Salaried hours work
- Time work
- Output work
- Unmeasured work
Working hours for which the minimum wage must be paid
For example, where a time worker is absent from work and not working, the time spent absent is not counted as working time. It does not matter whether the absence is paid or not. Any payments made for the absence will be reduced from the workers total remuneration when calculating NMW pay.
Where a genuine salary sacrifice scheme is in place, the worker no longer has entitlement to that amount of pay under their contract. As this amount is ‘sacrificed’ by the worker, it reduces their pay and so cannot be used as part of their NMW pay. Guidance on salary sacrifice can be found here:
Salary sacrifice
Full guidance on calculating NMW pay for the various types or work can be found in the first link.
However, If you require advice relating specifically to arrangements that you have in place or are considering introducing, then please seek independent legal advice.
Thank you.