HMRC Admin 25 Response
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RE: NI contribution when working abroad
Hi walun,
Without looking at your personal records, We are unable to confirm if you need to pay UK National Insurance contributions.
Direct Payment of National Insurance is subject to having full details of that individuals circumstances.
Therefore you will have to put your enquiry in writing, formally requesting a liability decision to whether you are exempt from paying UK NI.
You must provide all copies of certificates issued from the Hong Kong authorities advising that you are still insured with them.
Provide full employment information including exact dates you are working in Hong Kong.
The address to write to is:
HMRC
PT Operations
International Caseworker
BX9 1AN
You may also find this link useful:
National Insurance if you work abroad
Thank you
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RE:Tax filing on remittance basis
Hi Helena Tse,
You will need to complete a Self Assessment Tax return (SA100), in order to claim the 'remittance basis'.
You will also need to complte SA109, boxes 28 to 40, to declare the unremitted income.
Any unremitted income from a previous year, that is remitted to the UK in a later year, will be subject to tax in that later year.
Individuals can decide on a year by year basis whether to use the remittance basis. If they choose not to use the remittance basis the arising basis will apply.
Foreign income and gains are remitted to the UK if:
- they are brought to, or received in or used in the UK refer to:
RDRM33100 - Remittance Basis: Identifying Remittances: Conditions A and B: Contents
- a service is provided in the UK which is paid for overseas using foreign income or gains (refer to RDRM33100)
- they are used overseas in respect of a relevant debt in the UK.
In simple terms a relevant debt is a debt that relates to property brought to or used in the UK, or a service provided in the UK refer to:
RDRM33160 - Remittance Basis: Identifying Remittances: Conditions A and B: Condition B - relevant debt
Guidance on the remittance basis can be found at section of :
Residence, domicile and the remittance basis: RDR1
Thank you. -
RE: RSUs withheld for tax and CGC reporting
Hi jmjq,
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's 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'.
ERSM20193 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
If you hold on to the shares after they vest and dispose of them at a later date for more than the vesting value, you would be subject to Capital Gains Tax on the difference. If tax was payable, you would either report the gain using:
Report and pay your Capital Gains Taxbefore 31 December or on a Self Assessment Tax return.
If the value exceed £49200, you would report the gain on your tax return even if you have reported using the reatime service.
You would record the gains using boxes 23 to 30 on SA108 page CG2.
Thank you.
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RE:Being taxed in France while working for UK company
Hi Ana V,
French tax laws are different to UK tax laws.
French laws may consider business travel to and from France, as workable days in France.
I cannot comment on that or whether the French employer is right in deducting tax in France.
You would need to review the guidance at RDR4 to determine if overseas workday relief applies to your circumstances.
RDR4 Overseas Workday Relief
Thank you. -
RE:UK Property Tax
Hi Phoebe Chan,
You will need to complete the residency tests at RDR3 to confirm your residency position and to confirm if the split year treatment applies to your circumstances.
RDR3 Statutory Residence Test
If it does, you report this on form SA109, when submitting your tax return.
Income from UK property is taxable in its entirety in the UK, so split year treatment does not apply to this income.
Thank you. -
RE: Partnership Return
Hi ChristyL,
A sole trader completes a Self Assessment Tax return and declares the self employment on SA103S or SA103F.
Where a sole trader changes to a partnership, you need to notify HMRC of the commencement of the partnership, so that a partnership tax record can be created.
The partners need to decide who will be the 'nominated partner', who will interact with HMRC on partnership business and also take responsibility for submitting and amending the partnership tax return (SA800).
Each partner would submit SA104S or SA104F partnership pages instead of self employment pages, declaring their idividual share of the income and expenses and show their profit or loss.
The combined totals of all the partners, should match the figures submitted in SA800.
As the partnership commenced in 21/22 tax year, partnership returns should have been submitted every year since.
The nominated partner will need to contact our webchat colleagues, to resolve the issues and seek advice on appealing any penalties that may arise.
You can contact the Self Assessment webchat facility here:
Contact HMRC
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RE: Payment on Account
Hi 4Dimension,
It would be half of the amount showing as due for 22/23.
Understand your Self Assessment tax bill
Thank you. -
RE: Advice for working from EU for UK company
Hi Jonas,
You will need to take the residence test to determine if you are tax resident in the UK.
You’ll be resident in the UK for a tax year and at all times in that tax year if:
-you do not meet any of the automatic overseas tests
-you meet one of the automatic UK tests or the sufficient ties test
RDR3: Statutory Residence Test (SRT) notes
If you are tax resident in the UK and at all times, you will need to submit a Self Assessment Tax return, declaring your UK employment income.
If you are also required to pay tax on this employment income in the other country, you will also need to complete the foreign section and claim a foreign tax credit of up to the tax paid in the other country.
If split year treatment applies, you will need to submit a tax return, showing the income arising while resident in the UK and tax deducted by your employer.
Split year treatment is claimed on SA109 (residence).
If you choose to submit a tax return online and you need to claim non residence or split year treatment, you will need to purchase 3rd party commercial tax return that includes the residence section and submit it using your government gateway user ID and password.
Self Assessment commercial software suppliers
A paper tax return and the supplementary pages, can be downloaded her:
Self Assessment tax return forms
Thank you.
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RE: Transferring existing Stocks and shares ISA to two new ISAs
Hi Rahul,
You are correct.
You can have multiple ISA's of the same type, provided they were each opened in differen tax years.
You would be able to open a new stocks and shares ISA and transfer the funds from the old ISA.
If you want to transfer money you’ve invested in an ISA during the current year, you must transfer all of it.
For money you invested in previous years, you can choose to transfer all or part of your savings.
The maximum you can save in an ISA in 23/24 is £20000.
Thank you.
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RE: Error in tax returns filed by Accountant
Hi VBAB P,
Our Self Assessment telephone lines are closed until 4 September.
You will need to contact our Se:lf Assessment webchat helpline for advice here:
Contact HMRC
Thank you.