HMRC Admin 19 Response
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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.
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RE: Tax credits and foreign income from property
Hi,
For tax credits, foreign income includes profits from property overseas, overseas investment, pensions, and social security income.
The income received is ‘taxable’ in that the amount has been taxed by Spain, and as per the double taxation treaty, the UK agree not to tax the income again.
The tax rules allowing foreign income to be taxed only when they are brought to, or remitted to the UK does not apply to tax credits, all of a tax credit claimant’s worldwide income must be taken into account, even if it is exempt for taxation purposes under the terms of a double taxation treaty.
So you should calculate your income for tax credits to include the full amount gross, after expenses, and deduct £300 as follows:
Calculate and then add together:- the pension income;
- the investment income;
- the property income
- the foreign income; and the notional income,
Thank you.