HMRC Admin 19 Response
-
RE: Split Year Treatment & Capital Gains Tax
Hi,
When split year treatment applies, the general rule is that you would only be charged to UK Capital Gains Tax (CGT) on gains arising in the UK part of the split year. It is therefore quite possible that you will not be subject to CGT on disposals you make before 1 June. As you appear to have previously been UK resident however, you should consider the rules that apply to disposals made by 'Temporary Non-Residents', which are outlined below:
Temporary non-residents and Capital Gains Tax (Self Assessment helpsheet HS278)
CG26500P - Capital Gains manual: individuals: effects of residence and domicile for departures on or after 6 April 2013 and general rules from 6 April 2013
If you meet the conditions for temporary non-residence, then gains made during that period of temporary non-residence are treated as arising in the tax year of your return to the UK, which in your case will be 2024 to 2025. These will be subject to CGT.
HMRC considers that the share identification rules apply when the transactions place, whether you are UK resident or non-resident at those times. You can see guidance here:
CG51550P - Capital Gains Manual: Shares and Securities: Share identification rules: Share identification rules for capital gains tax
These include the 30 day rule you refer to:
CG51560 - Share identification rules for capital gains tax from 6.4.2008: the “same day” and “bed and breakfast” identification rules
An exception to this is that the 30 day rule does not apply when the person making the disposal was non UK resident at the time of their acquisition. You can see the guidance here:
HS284 Shares and Capital Gains Tax (2024)
Thank you. -
RE: Student loan payments and savings interest
Hi,
No, it is on income taht you earn. You can see guidance here:
Repaying your student loan
Thank you. -
RE: IOR / Freight Forwarder
Hi,
You can see the guidance below to find what you or your business may need before you hire someone to act directly or indirectly on your behalf.
Check what you need to consider before getting someone to deal with customs for you
Get someone to deal with customs for you
Thank you -
RE: Customs charges levied on something I own....
Hi Paul Brown,
You can claim for a repayment if you have overpaid import duty and VAT. You can see guidance here:
How to apply for a repayment of import duty and VAT if you've overpaid (C285)
Thank you. -
RE: MSS Reporting
Hi,
For any issues with information on MSS data reports please email: uktradeinfo@hmrc.gov.uk
Thank you. -
RE: Temporary import - export of machinery
Hi,
You can find out if relief is available for goods using Temporary Admission and if your goods require you to be established inside or outside the UK here:
Check if you can get import duty relief on goods using Temporary Admission
We are unable to offer guidance on which type of authorisation should a trader apply as this is business decision. The types of authorisations are covered here:
How to apply
You can find information on Carnet here:
Apply for an ATA Carnet
Thank you.
-
RE: Taxation of restricted stock units paid gross of tax
Hi,
As the payment is from your employer, the income should be shown in the employment section if it is included in your P60. You would then claim credit for the tax in the foreign section under 'Employment, self-employment and other income which you paid foreign tax on'.
If it is not included in your P60, please include it on the box on the employment page for 'Tips and other payments not included on your P60'. The following guidance advises that when RSUs payout at the market value on what is called "dividend equivalents" in either cash or shares, such payments will generally be taxed as earnings in the year they are received:
ERSM20193 - Employment-related securities and options: what are securities: RSUs and dividend equivalents
Thank you. -
RE: Life inurance in discretionary trust
Hi,
Please contact our Inheritance Tax team for advice.
Inheritance Tax: general enquiries
Thank you. -
RE: JOINT TENANTS NOT TENANTS IN COMMON
Hi,
You can see information about joint tenants here:
TSEM9210 - Ownership and income tax: legal background: joint ownership - joint tenants
As it is your choice how the rental income is split, it is up to you whether you want to make a written agreement for this to be signed by yourself and son. You may choose to do so should any issues arise in the future.
Thank you. -
RE: Deductible expenses following property transfer to spouse
Hi,
There are two separate questions here, the first being that the beneficial ownership of the property itself and of the income received from it must be in the same percentages so if you do transfer 100% of the ownership of the property to your wife then she would be entitled to claim any expenses incurred in the letting of the property regardless of which bank account these came out of.
As regards the leasehold it apears clear that you intend to retain ownership of this yourself. In that case you would remain liable to tax on any income arising from this even though you may choose to give your wife that income so you would need to claim any expenses.
Thank you.