HMRC Admin 20 Response
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RE: Tax Status of MOD Civil Servant if working remotely when military spouse posted to Netherlands
Hi Louisa236,
You are able to keep your job, you will no longer be taxable on it in the UK, as you will be tax resident in the Netherlands, under that tax treaty that exists
between the two countries (Tax treaties).
Please submit a P85 to HMRC by sending a completed online form at Get your Income Tax right if you're leaving the UK (P85).
You will need to report this 'foreign' employment income to the Dutch tax authorities.
Thank you. -
RE: Self assessment tax 2022 to 2023 adjustment
Hi Kendo65,
You will need to amend your 22/23 tax return to request the loss is carried forward, you have until 31 January 2025 to do this.
The loss can be carried forward and set against the profit of a future tax year.
The cash basis of accounting allows you to carry the loss forward, but not set it against other income arising in the tax year the loss occurs.
Please also have a look a the guidance at Cash basis Cash basis changes from the 2024 to 2025 tax year for changes that will come into effect next year.
Thank you.
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RE: Overseas rental income
Hi anthea_vv w,
This 'power of attorney' document allows your parents to let the property on your behalf.
You are the legal and beneficial owner of the property, so any income it generates is yours and you are liable to pay tax on it.
Hong Kong have the right to tax this income first, as part of the UK / Hong Kong tax treaty (Tax treaties).
You will also be liable to pay tax on this income in the UK.
This foreign property income should be declared in a self assessment tax return.
The tax treaty allows you to claim a tax credut of up to 100% of the tax paid on the income in Hong Kong.
Thank you.
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RE: Third automatic overseas test - “ work full-time overseas over the tax year”
Hi Mar keung,
RDRM11150 advises that an individual will be considered to work full-time overseas, if they meet the sufficient hours test, as calculated over the tax year.
Please review the guidance at Residence, Domicile and Remittance Basis Manual RDRM11150 - Residence : The SRT: Is the work full-time overseas, which provides the steps required to calculate the sufficient hours worked overseas.
Thank you. -
RE: Cgt on mum's main residence
Hi Lyndea31,
Your late mother will not be subject to capital gains tax on the disposal of the property, but the property will count towards inheritance tax payable by the estate.
The mortgage is not relevant for calculating capital gain tax liability and cannot be used as a deduction.
If the property was not named in a will, then the estate of your late mother may be liable to capital gains tax.
If the property was named in a will and both you and your husband were the named beneficiaries, then you both may be liable to capital gains tax.
If your mother paid for the bathroom and porch, you cannot includ them as deductions against capital gains, as you did not incur the cost.
Please have a look at the guidance at Capital Gains Manual CG15150 - Expenditure: introduction and Expenditure: enhancement expenditure (Capital Gains Manual CG15180 - Expenditure: enhancement expenditure), as well as cost of acquisition and disposal at Capital Gains Manual CG15250 - Expenditure: incidental costs of acquisition and disposal.
Thank you. -
RE: Pension contributions
Hi SMH Gardezi,
If you are required to make these contributions then you may have to continue however this would be a contractual matter and not something HMRC can advise on.
We can confirm that you cannot take the salary sacrifice amount from the SMP.
Thank you. -
RE: Flight Allowance
Hi SMH Gardezi,
Please see Special tax rules on foreign travel (490: Chapter 7) section 7.5 for rules on these journeys.
Thank you. -
RE: Foreign Interest income
Hi fcfu305,
You cannot now file this online and will need to submit a paper tax return -Self Assessment tax returns
Thank you. -
RE:BTL - CGT/Tax Return
Hi ncadman2,
It is a cumulative figure. You must meet both of these criteria, for the loss to be reported in a tax return.
1 - you have to complete a tax return for any other reason and
2 - the disposal value exceeds £50000.
If you do not meet both criteria, then you do not need to declare the loss.
If you want to declare the loss, to carry it forward and set against a future gain, you have 4 year to report the loss, either in a tax return or in writing.
Thank you. -
RE: BTL - CGT/Tax Return
Hi ncadman2,
If you already complete a tax return yes as the combined sale will be over 50k, this will also allow you to notify HMRC of any capital losses that can be carried forward to be used at a later date if required.
Thank you.