HMRC Admin 17 Response
Joined: 1/20/2021
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RE: UK Tax on Australian Superannuation
Hi,
Article 17 of the UK/Australia DTA states "ARTICLE 17 Pensions and annuities.
1 Pensions (including government pensions) and annuities paid to a resident of a Contracting State shall be taxable only in that State.
2 The term “annuity” means a stated sum payable periodically to an individual at
stated times during life or during a specified or ascertinable period of time under an obligation to make the payments in return
for adequate and full consideration in money or money’s worth.".
Paragraph 2 specifies payments made 'periodially', qualify for relief.
Lump sum payments are not mentioned in any way, therefor, they do not qualify for double taxation relief and so the
lump sum is taxable in the United Kingdom.
As a resident of Australia, you can claim tax relief on the tax paid in the UK on the lump sum.
The double taxation agreement can be found at :
Australia: tax treaties .
Thank you. -
RE: Cash gift from parents outside UK
Hi,
As you mother is resident in the UK, she may have a capital gains tax liability on the disposal of an overseas property.
Have a look at :
Tax when you sell property .
There are no income tax implications on the receipt of a cash gift unless the income generates interest or dividends.
These would then potentially be subject to tax.
Further guidance can be found here :
Tax on savings interest and :
Tax on dividends .
There are no tax implications on the giving or receipt of cash gifts, but you may wish to speak to inheritance tax regarding
any inheritance tax implications :
How Inheritance Tax works: thresholds, rules and allowances and :
Inheritance Tax: general enquiries .
Thank you. -
RE: Split year treatment
Hi
Mikehhh ,
As you are deemed resident for the full tax year and you are required to complete a tax return for other reasons,
you do not need to complete the SA109 residence page.
If you have any foreign income in the tax year, it will need to be declared on SA106.
Thank you. -
RE: Zero rate of VAT for solar panel products
Hello,
That is correct VAT will need to be charged on supply of materials it is only supply and fit that qualifies for the zero rate
please refer to para 7 in section 2.1 of this guidance :
Energy-saving materials and heating equipment (VAT Notice 708/6) .
Thank you. -
RE: Split year treatment
Hi
J Fung ,
The start date would be the date you arrived in the United Kingdom .
Thank you. -
RE: Split year treatment
Hi
estherchan0723 ,
You will need to contact the taxes helpline (0300 200 3310) for more details advice .
Thank you. -
RE: BNO
Hi,
If the salary is from Hong Kong and all duties were performed in Hong Kong then the income is not taxable in the UK and
does not need to be declared .
Thank you. -
RE: Cash gift from parents outside UK
Hi,
As you are now implying that you did work for this company, this would not be seen as a gift and would be classed
as self employed income and would therefore need to be declared as such .
Thank you. -
RE: Gift money and tax
Hi,
There are no income tax implications on the receipt of a cash gift unless the income generates interest or dividends.
These would then potentially be subject to tax.
Further guidance can be found here :
Tax on savings interest and :
Tax on dividends .
There is no need to report the gift on the self assessment .
Thank you. -
RE: Certificate of Residence for tax purposes
Hi,
You may be quicker applying online - :
How to apply for a certificate of residence to claim tax relief abroad .
This can only be issued if you were a UK tax resident for the period on question with foreing income to declare .
Thank you.