
Even if you have left the shores of the United Kingdom to live and work abroad, you should not believe that HMRC has lost interest in you and your tax affairs – especially if you still earn income from work carried out and/or assets situated in Britain.
In this article, Forths summarises the current situation from a general perspective of the current residency tests used to determine liability for UK taxes and the taxes themselves.
Do you have to pay tax to HMRC?
Ideally, you should have completed and returned HMRC’s P85 form prior to moving abroad. The P85 form tells HMRC that you either intend to leave the UK permanently or that you intend to work abroad for at least one full tax year (running from 6 April to 5 April).
For employees, Parts 2 and 3 of your P45 should be included with your P85 but, if you are self-employed and you complete a self-assessment form every year, you will need to include one with your P85 completing the “residence” section in that form.
As soon as HMRC consider you non-resident and from the day on which you leave the country, you no longer have to pay income tax or capital gains tax on any activity carried outside the UK, depending on how the range of different statutory residence tests apply to you.
For most non-residents who have left the UK, they will still spend a certain amount of time in Britain during the year. Therefore, HMRC, when considering your liability for taxes, splits the tax year into two periods – the time during which that you are not present in the UK and the time during which that you are.
Under the “split year treatment” assessment, you will likely be deemed as a UK resident for tax purposes meaning that you will need to pay HMRC the due amount of tax on all UK and non-UK income you receive if:
HMRC will consider you to be a non-UK resident if:
Although the above tests may seem straight forward, they are not. And the reason that an increasing number of people fall foul of these rules is because HMRC frequently have different interpretations of the rules and how and under what circumstances they apply to taxpayers.
HMRC also use a “Sufficient Ties” test in assessing whether your ties – your children, spouse, or civil partner – affected your actual residency status. When all factors are considered together, the actual application of the test onto your circumstances is both ferociously complex and open to individual interpretation.
It is always better to take continuing advice from a qualified professional on all matters regarding taxation to prevent yourself being presented with an unexpected tax bill that you thought you’d successfully avoided. Remember that, if you get this wrong, HMRC has a claim over your worldwide income, even if your overseas income has been taxed by that country’s relevant authorities.
Paying tax on earned income and gains
Assuming that you have been deemed as a non-resident by HMRC and even though you may spend all your time living abroad, you may need to complete a self-assessment form in certain circumstances.
If any of the following situations apply to you, you may have to complete a self-assessment:
Under current UK legislation, you are expected to register for self-assessment if you believe that you’re obliged to complete one – you should not expect HMRC to send you the relevant forms automatically. There is an extensive series of fines and penalties that can be levied against taxpayers who fail to register for self-assessment when they should and for taxpayers who do not submit their forms on time, even if there is nothing owed to HMRC.
The current UK personal allowance – that is, the amount of money you can earn prior to paying income tax – is £12,500. Non-resident UK citizens have to claim their Personal Allowance at the end of each tax year by using form R43. If you live in a country with a double taxation agreement with the UK, you may also be entitled to a personal allowance.
Non-resident citizens renting out property in the UK must register with the Non-Resident Landlord Scheme. For HMRC’s purposes, a non-resident landlord is a landlord who lives abroad for more than 6 months of the year. Tax generated as a result of rental income is then paid to the Non-Resident Landlord Scheme service direct either by your letting agent or your tenant.
If you sell any of your UK properties, you will need to inform HMRC via a non-resident Capital Gains Tax return within 30 days of completion.
In just over 1,000 words, we have tried to sum up the most pertinent points of the taxation service from HMRC’s perspective for non-resident UK citizens. This is one of the most forensic areas of current accounting practice and we respectfully suggest to each reader of this article that your situation is unique and it needs its own individual consideration.
The views of taxpayers and HMRC on a person’s actual residency status, the nature of their ties to the UK, self assessment requirements, treatment of taxes for residents in countries with double taxation agreements, and so on requires careful and detailed consideration by a professional with years of experience doing this.
Forths has successfully represented taxpayers where there is or there may be a dispute over tax on UK income for non-residents and, in our experience, it’s better to take control of the situation yourself as soon as possible rather than wait for HMRC to contact you.
For more information or to discuss a potential case, talk to our team on 0808 169 9090, email enquiries@forthstax.co.uk
or fill out an Enquiry Form.