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I am non resident in the UK & have been so for 10 years. I

 
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Customer Question

I am non resident in the UK & have been so for 10 years. I have earned bank account interest net of 10% tax for much of this period. Can you confirm that I have no UK. liability for UK. tax on that income whilst I have been overseas, despite the fact that I have paid tax on UK. pensions?
If I wish to continue receiving interest in this way, what is the situation when I return to the UK. & wish to bring this income to the UK. There is no double taxation agreement. Will I be able to claim unilateral relief & how will this work?

 



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HMRC online guidance which has left me unsure.

Submitted: 279 days and 12 hours ago.
Category: UK Tax
Value: 74 TL
Status: CLOSED
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Expert:  TonyTax replied 279 days and 12 hours ago.

Hi.

As you are non-resident, you have no liability to UK tax on bank interest earned in the UK or overseas beyond the tax deduction at source. If you have any UK bank accounts, you might consider applying to the banks for the interest to be paid gross using a form R105 for each bank. Not all UK banks will accept this form, however, and the lack of double tax agreement may make you ineligible for gross payment.

Since you have been non-UK resident for ten years, you won't have to pay any UK tax on what you have earned or made on investments or cash deposits since you have been living outside the UK if and when you return to the UK.

Let me know if you have any further queries.

Customer replied 279 days and 12 hours ago.

Thanks for your 1st answer. However my question was 2 part. I am returning to the UK. to live permanently & wish to continue to leave most of my Capital on deposit where I am currently living. I want to understand the tax liability when I declare that income under self assessment & how the lack of a double taxation agreement with the country in question will affect the tax that I pay in the UK. Can I claim 'Unilateral relief' & how will this work?

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Expert:  TonyTax replied 279 days and 12 hours ago.

Where do you live at the moment? Do you pay tax in that country on your bank deposit interest? If so, at what rate?

Customer replied 279 days and 12 hours ago.

I currently live in Northern Cyprus which is a bit of a grey area politically.


I do pay tax which is deducted source on interest paid monthly. Tax is deducted on interest at 10%. I am clear that any interest income will be taxable in the the UK. on my return, but inclear what if any aloowance will be made for the tax already deducted locally.ie. Will this be subject to "Unilateral relief" & if so how will this work? Sorry my initial question wasn't totally clear & thanks for the reasurring answer to the first part of my question.

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Expert:  TonyTax replied 279 days and 12 hours ago.

Thanks.

You will be able to claim unilateral tax relief for the 10% tax deducted from your Cyprus bank interest against UK tax.

Take a look at INTM151060. Tax on bank interest is charged at 0%, 10%, 20%, 40% or 50% or a combination of the three highest rates depending on the level of your income in the UK. The tax charge is Cyprus is low enough such that were a double tax treaty in place you would get full relief for the Cypriot tax and the unilateral relief will, therefore, be the same, 10%. As tax is deducted at 20% from most bank interest in the UK, unilateral relief is limited to that level.
TonyTax41098.4955164352

Customer replied 279 days and 11 hours ago.

Thanks very much for the link provided. I was concerned that all the wording for 'Unilateral relief' was that it may be applicable, rather than it was applicable. Having seen some examples of the calculations for say Capital Gains tax, I am still unclear as to how the calculation works. HMRC don't actually make their explanations simple.


 


In simple terms will I be liable for just an additional 10% UK. tax on the Gross amount of interest or the net amount of interest received? I am, & regardless of the Gross annual interest earned, still remain a basic rate tax payer (20%).


Or is the calculation more complex than I have indicated above?

Accepted Answer

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Expert:  TonyTax replied 279 days and 11 hours ago.

The "may" refers to the rate of foreign tax payable and the fact that you may not be able to get relief against UK tax for all of it if the interest has been taxed at a high level in the country of origin.

You will disclose the Cyprus bank interest in the foreign pages of the UK tax return and claim credit for the 10% foreign tax. So, if you are a 20% taxpayer, you will have a further 10% tax to pay to HM Revenue & Customs.

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Category: UK Tax
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Answered: 7/8/2012

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Customer replied 279 days and 11 hours ago.

Thanks very much for your answers.

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Expert:  TonyTax replied 279 days and 11 hours ago.

Thanks for accepting.

 
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