WTJ Law

Under SRT, if you stay in a UK home for more than 30 aggregate days during a 91 consecutive days period and you do not stay in an overseas home for more than 30 aggregate days during the 91 consecutive days period, you are still be treated as UK resident, even you stay in the UK less than 183 days in that tax year

If Split Year treatment is not applicable, overseas income or gains will be subject to the UK tax from 6 April 2022

I moved from Hong Kong to the UK and became a UK resident in 2021/22. I sold a property in Hong Kong on 1 May 2021 which I used as my home over the entire ownership and made a capital gain on this disposal. I rented a flat in the UK as my home. Do I need to nominate my Hong Kong home in order to get Private Residence Relief, knowing the fact that if I nominate my Hong Kong home I need to stay in this Hong Kong home for at least 90 days in the tax year? If I do not need to nominate the Hong Kong home, would I get the PRR? If there is no capital gain tax on this disposal, do I need to file such a transaction in my tax return?

Thank you for your reply. I understand I will count my residency days from the date I arrived in the UK. My question is when Split Year Treatment is applicable, would the date that I started to have UK home (27 October. 2020) be the date that split into non-UK resident part and UK resident part for 2020/21. So that my overseas income and gains for the period from 6 April 2020 to 26 October 2020 are not subject to UK and my overseas income and gains for the period from 27 October 2020 to 5 April 2021 are subject to UK tax

I arrived UK on 1 Oct 2020 and become a UK resident first time in 2020/21. If Split Year Treatment is not applicable, I know I would become a UK resident from 6 April 2020. I am not a UK resident in 2019/20, I started to have a UK home on 27 October 2020 and I am a non UK resident between 6 April 2020 and 27 October 2020, Please confirm that the date I become a UK resident is 27 October 2020.

Your answer is not to the question that I asked. Under UK/Hong Kong Double Taxation Treaty and DT9207, stated that pensions arise in Hong Kong are taxable ONLY in Hong Kong. Therefore there is no liability to UK tax for a Hong Kong pension received by a UK resident after 5 April 2011. Please confirm my understanding is correct.

After I declare this pension, would my pension be charged on Income Tax, and if so how? I understand pension in the UK is charged in the following manner: 25% of the lump sum is free (personal allowance not affected), remaining 75% lump sum would be treated as income

I have a MPF (Mandatory Pension Fund) in HK. If payment out of the MPF paid to me after I become UK resident. Is it subject to UK tax. Does Article 17 of UK/HK Double Tax Agreement stated Pensions arising in HK paid to a UK resident, is only taxable in HK JL