HMRC Admin 19 Response
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RE: Capital Gains Tax on Timeshare sale
Hi,
If your timeshare was outside of the UK, then this is a foreign property disposal and as such should be declared in a Self Assessment tax return, regardless of whether there is a gain or a loss.
Thank you. -
RE: Previous Year Basis
Hi,
The basis period reform will only affect businesses which draw up annual accounts to a date different to 31 March or 5 April, mainly seasonal businesses and large partnerships, and businesses that commence from 6 April 2024. You can see guidance here:
Basis period reform
Please also have a look at the guidance at BIM81110:
BIM81110 - Computation of liability: previous year basis - transitional overlap relief
Thank you. -
RE: Section 104 holdings question on RSUs that are sold immediately
Hi,
There is no requirement for you to use S104 holding. It is a single pool of expenditure usually representing the actual cost of shares, instead of itemising each disposal individually. You would need to work out the gain on each disposal and declare that in your tax return.
Thank you. -
RE: Self-assessment Tax Return for HK Bonus Pay (Split Year Treatment)
Hi,
Split year treatment is claimed on a Self Assesment tax return, SA100, using the supplementary page SA109.
As your bonus relates to income earned while you were resident in Hong Kong, it is taxable only in Hong Kong. In the interest of full disclosure, you can declare the bonus as additional information in the free hand box 18 on SA100.
Thank you. -
RE: double taxation UK and Australia
Hi,
The Self Assessment tax return is used by non UK tax residents, to declare all of their UK income, which you advise is income from property and bank interest on SA100 and SA109.
SA109 confirms that you are not tax resident and allows you to claim personal allowances. As a non tax resident, some of your income is disregarded when calculating your tax liability. Have a look at helpsheet HS300 or more information:
HS300 Non-residents and investment income (2024)
If you are required to pay UK tax on your income, you can claim a tax credit in Australia for the tax paid in the UK, under the double taxation treaty.
Thank you. -
RE: non-UK resident living in Australia
Hi,
If you are not UK tax resident for the full tax year and only have UK income from property, there would be no need to complete these boxes on supplementary page SA109.
The tax treaty between the UK and Australia, gives the UK the taxing rights to tax UK income from property. This is why you need to complete a tax return every year and claim personal allowances.
Thank you. -
RE: US pension and UK Tax
Hi,
Article 17 of the UK / USA tax treaty covers pensions:
Uk/USA Double Taxation Agreement - 2002
You can claim tax relief in the UK by downloading and printing off the form here:
Double Taxation: UK-USA (SI 2002 number 2848) (form US-Individual 2002)
You need to declare all of your UK pensions including the State Pension if you receive it. After you have signed and dated the compled form, you send it to the IRS along with completed US form 8802. Please read the guidance notes for the address you need to send the completed forms to. The IRS will validate form and send it directly to HMRC.
Thank you. -
RE: Compassionate Allowance
Hi,
You would need to read the guidance on exceptional circumstance in the guidance below, to determine if they apply to you:
RDRM13200 - Residence: The SRT
Thank you. -
RE: Capital gains, benefits and disregarded assets
Hi,
Probate is the legal right to deal with someone’s property, money and possessions, their estate, when they die.
You should not make any financial plans or put property on the market until you have got probate. You can see guidance here:
Applying for probate
Capital Gains Tax may be payble by the estate if there is no will or by the beneficiaries if there is.
Thank you. -
RE: Capital Gains tax on previous home i lived in then let out
Hi,
You can see the guidance on Private Residence Relief, which includes how you work this out, here:
HS283 Private Residence Relief (2024)
There is no capital gains for the period that the property was your main residence. There is a capital gains calculator, which leads on to the capital gains service, where you report and pay the Capital Gains Tax here:
Tax when you sell your home
Thank you.