Clive Smaldon
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RE: Money Transfer to UK and Tax Implications
Not HMRC...not that simple. If you are UK tax resident you are liable on your worldwide income and you need to check the UK/Turkey DTA for each source of income to determine where it is taxed, and if it can be taxed in both countries. Where the DTA says the source may be taxed in both countries (use of the word MAY means it can and will be taxable in both) it needs to go on a Self Assessment return in the UK with a foreign tax credit if taxed at source in Turkey as it may also be taxed in Turkey. If the source is ONLY taxable in one country you need to determine which country according to Statutory and Treaty residence (article 4). For example, dividends are taxable in both countries, interest also (but with a limited tax credit) and capital gains (articles 10,11 and 12). You must report this as income in the UK where any source may be taxed in both countries and determine whether any sources that are ONLY taxable in one country are assessable in the UK or not. -
RE: Two income sources taking overall taxable income into 40% - How does pension tax relief work?
HMRC incorrect...this is salary sacrifice, the questioner has already had 40% relief (not 20% as stated) by removing the amount from tax altogether. Noone can claim additional relief on pension contributions where these are funded via salary sacrifice, the relief has already been given at 40% by removing the amount from tax altogether, with the contribution then treated as an employer contribution. This has come up numerous times on this forum!! -
RE: Pension tax relief
Not HMRC...Max, Gross pay is total salary, Gross taxable pay is after allowable dedutions for tax (pension and any non taxable items), this is often shown separately on payslips, though P.60's only show taxable. Regardless, the HMRC has answered. -
RE: split year if pass automatic overseas test?
Not HMRC...you are not automatically non resident in the year you leave the UK. RDR3 determines criteria with regard to whether UK resident or not, depending on specific circumstances. Split year applies if you meet the criteria for one of those cases (on the basis that you will qualify to be fully non resident by not returning permanently before the end of the following tax year)...in your case not before 5 April 2027! -
RE: Tax on Pension Compensation?
Not HMRC...depends on the wording and the type of compensation. For example, compensation element under PPI was NOT taxable, but the interest paid on the compensation was. https://www.gov.uk/hmrc-internal-manuals/business-income-manual/bim40105 https://www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg13030 ...and various other references in HMRC manuals...like I say, depends on the wording specifically as to what its for, how its paid (if paid gross thats usually a clue its not liable to tax as payer is usually resonsibility for taxing taxable payments)... -
RE: Tax Return after returning from US to UK
Not HMRC...split year...UK liability on UK income to date of return, UK liability on worldwide income from date of return. Likely SRT resident in both countries for year? (check RDR3 re UK). On basis SRT resident in both countries consult DTA to determine Treaty residence (remain SRT resident in both regardless of Treaty residence). Where you determine Treaty residence is state that takes priority for any sources ONLY assessable in one state with no tax credit in the other state (doesnt go on other state tax return). Where source MAY be taxed in both states claim tax credit in other state. If you cant determine where Treaty resident it goes to "mutual agreement"...so will all come down to SRT then Treaty residence and the sources of income (covered in the different articles in the DTA) -
RE: Double Taxation Relief USA, Pension Lump-Sum
Lump Sums A lump-sum payment derived by a resident of one State from a pension scheme established in the other State shall be taxable only in that other State. The provision preserves the exemption from income tax of a lump sum relevant benefit where it is paid by a UK approved pension scheme to a beneficial owner who is a US resident. However, Article 1(4) will apply in respect of US citizens as the provisions of Article 17(2) are not amongst those listed at Article 1(5). So, the US can tax lump sums received by US citizens from UK schemes. ...questioner does not indicate he is a US citizen...says German citizen, with prior residence in UK and current US resident...so wouldnt apply? -
RE: Allocation of prior and current year's losses again current year gains
See https://community.hmrc.gov.uk/customerforums/cgt/e44df01b-abad-ef11-95f6-6045bd0d1542#post-1384b98a-9bb0-ef11-b8e8-7c1e522f49e6
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RE: Self Employed Personal Pension
Correct...assuming the 6000 is the gross pension figure, if net (i.e. physically paid by her) then you gross it up at 20% to 7500. Entering whichever amount is appropriate on the SA return (being self employed) will produce the calculation showing the basic rate band as extended by the gross amount paid meaning less tax is due than would have been the case had the pension not been claimed. -
RE: Allocation of prior and current year's losses again current year gains
Not HMRC. I note you refer spearately to "tax losses" and CGT gain, rather than CGT losses also. The only losses you can use against CGT gains are CGT losses, not trading or other losses. If this is all CGT, HMRC is incorrect. You must use in year CGT losses against in year gains FIRST, no exceptions. So, 24/25 your gain of £6900 is offset by the loss of £7300 if this is also a CGT loss, and you lose the CGT allowance. £600 is unused and carried forward, to add to the £1000 and £1200 b/fwd IF those are also CGT losses. If trading losses they just carry forward and are kept separate. If the losses are not CGT related then you have a CGT liability on which to pay tax on the BT gain after the annual exemption. If CGT losees then covered for 24/25 but loose the exemption and carry forward the balance. Apologies if I've misunderstood, just wasnt clear to me if you were talking about CGT losses also.