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  • RE: Late apply for Split Year Treatment

    Not HMRC...if your friend came to the UK in "mid 2023" as you state, and this is after 5 April 2023 then this is 23/24 not 22/23 and split year considerations would be for 23/24 not 22/23. That said, if you meant mid 22, or before 6 April 2023 its 22/23...other than that what HMRC said applies.
  • RE: Declare Director of the company when not receiving any salary, benefits or dividens?

    Not HMRC...Being a director is not being self employed...a director is an employee, a directors role is not self employed. You cannot take money from the company on a self employed basis, its either a diectors salary (employee) or dividends (shareholder), neither entitle you to claim self employment. Seek local professional advice.
  • RE: Double Tax Treaty vs UK Resident rules

    Not HMRC, you need to determine if meet any automatic non UK tests, if none then UK tests, if none then sufficient ties tests. That determines if statutorily resident in UK for the year. If you are SRT in the UK you also need to consider if also SRT in Saudi (according to their rules) and in that situation you consult DTA to determine Treaty residence. This is separate from BUT DOES NOT CANCEL your SRT in the UK, it simply rules what happens for various sources in that situation. Looking at the Saudi DTA its a situation for employment that both countries can tax but depends on where duties exercised etc (the fact Saudi dont isnt relevant)... IF you are UK Treaty resident the position would be (and reversed if Saudi Treaty Resident so replace UK with Saudi) DTA says "salaries, wages and other similar remuneration derived by a resident of a Contracting State (UK) in respect of an employment shall be taxable only in that State (UK) unless the employment is exercised in the other Contracting State (Saudi). If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State (Saudi) ."...so, if you are SRT resident in both, you need to determine Treaty residence...because if Treaty residence is the UK you are liable here as the paragraph says "may" which in Treaty meaning means it will be as its HMRC/legal speak for "is allowed to/can/is liable" not "might"!! If Saudi Resident you wouldnt appear to have an issue as the employment is exercised there, but it all comes down to initially if SRT in both and then where Treaty residence, understanding that Treaty residence does not "replace being SRT resident in the UK) Sorry its so complicated...I didnt write the rules ;-)
  • RE: monthly fee waived for bank accounts - taxable?

    Not HMRC...its not income, you havent received it, its just been waived.
  • RE: Online tutor - UK resident. Payments go into Thai bank account

    Not HMRC...not the correct way of dealing with it at all. If you have returned to the UK and are split year then the DTA says that business profits are taxable in one country ONLY so no tax credit is available in the other country. As you are now UK resident I would expect the treaty residence to be UK not Thailand from date of return to UK, so it would be taxable in the UK and you would not include in the Thailand return...however that is not certain, as it is possible you will be resident in both countries in the cross over year and it depends on your personal circumstances, take professional advice from a local accountant who understands residence issues.
  • RE: interest on mortgage

    Not HMRC...you dont claim 20%, you claim the full amount of the mortgage interest paid (if all borrowing related to the purchase) and the calculation then gives you relief at 20%. If this figure doesnt appear its because you dont have assessable property profit in the year, it doesnt matter if you have other assessable income, you must have assessable property profit to offset the tax credit...in which case you should carry it forward.
  • RE: Capital gains on half a flat inherited in Germany

    Not HMRC...??? Surely response is incorrect...example, flat inherited for £100k, so 50% would be base cost £50k, then 50% sold for £100k, means the seller has made £50k gain, I think thats the questions being asked...if am wrong, apologies, in which case why is the answer no?
  • RE: Income tax on interest gained in France, double taxation applies?

    Not sure what they meant...when this happens (regularly, all countries, all income types etc) the position is clear, the country that shouldnt have taxed it needs to repay it and the country that can tax it taxes it...have clients/cases ongoing at all times in such situations who assume that because something has been taxed in one country thats right and credit can be claimed...wrong...you have to go with what the DTA says regardless of whats happened (and its what HMRC do when they raise compliance checks)...it seems harsh/silly sometimes, but thats the way it is...
  • RE: Backdating UK residency once it has been acquired

    Not HMRC...as you return permanently in Feb 25 you are treated as tax resident from arrival (on the basis that you meet requirements and will be resident for 25/26 and dont leave again before 5/4/26). As a result you would be ok re ISA for 24/25 (treated as tax resident from arrival) and also entitled to CGT allowance regardlesss (on basis that UK citizen?...if so you dont lose allowances in the UK even when outside of UK)
  • RE: Foreign property income

    Not HMRC, its defaulted to 50/50, same as all joint assets. If you have a declaration of trust and form 17 registered with HMRC to vary ownership/income that would be ok, but if not then you must declare it 50/50