HMRC Admin 10 Response
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RE: Foreign company with a uk resident as director
Hi
The company must register with HMRC if one or both of the following apply:
1) The company is resident in the UK for tax purposes in accordance with Article 4 of the UK/Hong Kong Double Taxation Agreement (DTA).
The UK/Hong Kong DTA which can be viewed on the gov.uk website at:
UK/HONG KONG DOUBLE TAXATION AGREEMENT AND PROTOCOL
2) The company has a source of income within the scope of UK corporation tax for example trading income, interest from a UK bank/building society account, rents from a property located in the UK etc.
The company will be resident in the UK if it is centrally managed and controlled in the UK.
You will need to consider if the company’s central management and control is now located in the UK. Please refer to the guidance in HMRC’s International Manual at INTM120000 onwards on the gov.uk website at
Company residence.
If you conclude that the company is centrally managed and controlled in the UK and is solely resident in the UK by virtue of Article 4(3) of the UK/Hong Kong DTA, then you must register the company with HMRC for corporation tax purposes.
The company will also need to register with HMRC if it has a source of income arising in the UK. The company will be required to file UK corporation tax returns even if there are no taxable profits.
How the company registers for corporation tax will depend on whether or not it is required to register at Companies House. To help you decide if the company is required to register at
Companies House please refer to the guidance on the gov.uk website at
Overseas companies registered in the UK.
Once you have registered at Companies House, if required, the company will automatically be registered for corporation tax at the same time.
If the company is not required to register at Companies House, then please write to us at the address below so that we can create a Unique Taxpayer Reference (UTR) for the company.
Business, Tax and Customs
HM Revenue and Customs
BX9 1AX
We will require the name of the company, the registered office address, the address of any UK permanent establishment, the date the company became resident in the UK, the date trading commenced (if appropriate), the date to which the company accounts/branch accounts will be prepared.
We will send a letter to the company’s registered office address confirming the UTR once a corporation tax record has been created.
You would only pay NIC on the salary/wage you have received.
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RE: VAT setup for a UK event held by German organisation
Hi.
If the overseas business is making taxables and are not established in the UK then there would be no threshold to consider as the threshold is only relevant for UK established businesses.
Please see the guidance below:
Non-established-taxable-persons (NETPs) — basic information -
RE: VAT setup for a UK event held by German organisation
Hi.
If the organisation supplying the vocational training meets the criteria you referred to then the training could be exempt from VAT.
The important thing to consider then is who is making the supply of vocational training ,is it you or is the German organisation.
If it is the German organisation then exemption could apply as per the guidance:
Eligible body status
Education, vocational training and research -
RE: tax bussiness account
Hi.
You can contact HMRC on behalf of your colleagues.
However you would need to have an authority in place so that you can act for them and this would allow us to discuss and resolve the matter with you.
Please see the form below:
Authorise a tax agent (64-8) -
RE: Deed of gift: Bond Transfer and Income Tax Query
Hi
The charge to income tax would be on the beneficial owner of the income arising from the overseas bond.
The beneficial owner may be different to the legal owner.
If the beneficial ownership of the income has been transferred from the daughter to the mother the daughter would not be chargeable to UK income tax on income arising from the overseas bond after the date of the deed.
If the mother is non-resident the mother would not be chargeable to UK tax on any income arising from the overseas bond.
There is further information on legal / beneficial ownership and their separation at TSEM9100 and TSEM9300.
There is a table showing the scope of liability to UK income tax on investment income at RDRM10440. -
RE: SA100 download form
Hi
At this time of year, you will be allowed to download the for reference tax return and submit it before 31 October 2023. -
RE: How do I add SIPP details to my self-assessment?
Hi
If you have taken the income as part of a drawdown from your SIPP then this would be income received under other pensions.
For the rental income, you need to declare this under income from property.
Detail of what are allowable expenses is at -
Work out your rental income when you let property -
RE: Tax Relief On SIPP
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RE: CGT Reporting Limit
Hi
It depends on what is being sold.
If it is a UK property then no as this only needs reported if you actually have tax to pay.
Capital Gains Tax: what you pay it on, rates and allowances -
RE: Recognition personal income tax / CGT China residential property sale
Hi DXM
That is correct.
The capital will be tax free but any interest or dividends that this then generates will need to be declared.