HMRC Admin 25 Response

Hi Trosten.Gudil,
Based on your information you appear to be UK citizen so yes you can transfer the capital to a UK bank and it is then only any interest or dividends that this then generates that will be taxable.
The remittance basis would only appy if you are resident but non domicile and this then has different rules.
Remittance basis 2023 (HS264)
Thank you.

Hi Joyce,
Please refer to:
Check if you need to send a Self Assessment tax return
Thank you. 

 

Hi Paul Ap,
Yes, the court order will be the date of transfer.
You would also need to confirm the actual date of separation as it is this date that is taken into account and not the date of decree absolute for Capital Gains Tax. purposes.
Separating spouses or civil partners be given up to three years after the year they cease to live together in which to make no gain or no loss transfers.
Thank you. 
 

Hi Jon Carter,
A resident of Austria, who has a UK generated pension (non government) is taxable on that pension and trivial commutation lump sum in Austria.
Article 17(5) defines a pension scheme for tax purposed and this is applied to the whole of article 17.
Thank you. 


 

Hi Ken Ronoh,
ESOP are taxed as income when they are exercised, they are treated as a perquisite or benefit someone enjoys on account of their job or position and are taxable as income.
If the individual is not resident in the UK, then they will not be taxed in the UK.
If the shares are sold in the market, they will be treated as a capital gain.
Whether that capital gain is taxable in the UK, would depend on the double taxation agreement between the UK and the country in question.
Thank you. 

Hi C Price,
We cannot advise what the exemptions are, as it would be based on the double taxation agreement and the source of income in question.
Thank you. 

Hi Eunice Tang,
Based on the limited information given in the original question you have referred to it as share option that has been sold and therefore falls under Capital Gains Tax. as the amount is within the annual exempt allowance, no tax would be due.
Thank you. 
 

Hi 
We only provide general advice in this forum.
If you need detailed advice, you will need to contact our Income Tax helpline (0300 200 3300) so that more information can be obtained and time taken on your query.
If your interpretation of the DTA, confirms your pension is taxable in the UK, you would declare it in the foreign section Self Assessment Tax return.
If you've paid tax on the overseas income, you may be able to claim FTCR.
Double taxation agreements are reciprocal so  the terms 'contracting state' and 'other state' are interchangeable between the UK and the other country.
We cannot advise how the German tax authorities would deal with the matter.  
Thank you. 
 

H iJulie Kemp, 
If Brooksdale are having issues with the cheque they would need to contact us by telephone or in writing.
Income Tax: general enquiries
Thank you. 
 

Hi Farah Partington,
If you are having issues with your employer you may need to consider contacting ACAS.
How Acas can help
Thank you.