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Hi I am currently working in Germany on a one year contract.How

 
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  • Answered by:SamTax
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Customer Question

Hi I am currently working in Germany on a one year contract.
How to I go about attaing tax free status on my earnings as a sole trader.
Thanks

Submitted: 374 days and 19 hours ago.
Category: UK Tax
Value: 38 €
Status: CLOSED
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Expert:  Taxtom replied374 days and 19 hours ago.


Taxtom :

Hello, In order to qualify for the exclusion you must meet certain requirements. here are the basic requirements http://www.irs.gov/businesses/small/international/article/0,,id=96950,00.html . In order to get the credit you woul file a form 2555, here is the form http://www.irs.gov/pub/irs-pdf/f2555.pdf. Thanks Tom

Customer :
Customer :

This information is of no use to me as it refers to the taxation system in the USA and I am British.

I think your site should state the fact that the information it supplies refers to American citizens.

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Expert:  MyVirtualCPA replied374 days and 11 hours ago.

This will be recategorized to go to the UK queue. Thanks!

Customer replied373 days and 21 hours ago.

H,i do you know when I will receive an answer.

hanks

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Expert:  SamTax replied373 days and 20 hours ago.

Hi

 

Thanks for your question and apologies for the delay - you question has just been transferred to UK tax.

 

Can you advise when your contract began and when it will cases, as you need to have a contract that lasts at least a full tax year, during which time your visits back to the UK do not exceed more than 90 days.(and these for family visits or incidental work duties, such as meetings)

 

If you achieve the full tax year, and visits less than 90 days, then HMRC will treat you as not resident and this will mean no UK tax liability.

 

If you do not achieve the full tax year, then you will be treated as resident in the UK and liable to UK tax on this income.

 

You should arrange to complete form P85 for HMRC when you take this work up, link here for this form http://www.hmrc.gov.uk/cnr/p85.pdf

 

 

Thanks


Sam

 

 

 

Customer replied372 days and 23 hours ago.

Hi Sam,

I started the contract on 01/04/12 and will complete it in late march next year.

Is it too late to apply for form P85.

Thanks

Tony

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Expert:  SamTax replied372 days and 22 hours ago.

Hi Tony

 

Thanks for your response

 

Can you clarify that you left on 01/04/2012 (just 2 weeks ago) and will return before 05/04/2013

If this is the case then you will not complete a full tax year out of the UK, as having left on 01/04/2012 you need to remain out of the UK with a contract beyond 05/04/2013.

Is there any change the contract can be extended to past 05/04/2013?

 

No its not too late to complete the P85

 

Thanks

 

Sam

Customer replied372 days and 11 hours ago.

Hi again Sam, I left the UK almost 7 weeks ago on the 01/04/12 not on the 01/05/12.

My contract is due to end towards the end of March 2013, I can stay out of the UK until

the end of the tax year on the 05/04/12, would this meet the requirements for non residency for tax purposes.

Thanks again

Tony

Accepted Answer

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Expert:  SamTax replied372 days and 10 hours ago.

Hi Tony

 

Thanks for your response

 

Then you have to remain out of the UK on this contract beyond 05/04/2013 ( the actual contract under which you work needs to last a full tax year)

If you achieve this then you will be treated as not resident and not liable to UK tax.

 

However, if the contract will end in March 2012, then ensure you do not visit the UK between its end date and 05/04/2012, so that you remain out of the UK for that full tax year to be awarded non residency status.

 

Thanks

 

Sam

 

 

 

Thanks

 

Sam

Expert TypeAccountant
Category: UK Tax
Pos. Feedback: 99.5 %
Accepts: 6042
Answered: 5/16/2012

Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax

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