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Sam
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Category: UK Tax
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Dear Tax Expert, I live in since Jan 2010 Austria and work

Resolved Question:

Dear Tax Expert,
I live in since Jan 2010 Austria and work for United nations (UN) where my salary is tax free. I use to live and work in NHS in UK. I left UK in May 2009. Since May 2009 I have claimed UK NON resident status to HMRC.
Now I wish to come back to the National Health service (NHS) for an employment. My question is asfollows:
Will HMRC tax me for my UN earnings in year 2013-14 i.e. salary earned from April 2013 under UN employment?
Thanks,
UB.
Submitted: 11 months ago.
Category: UK Tax
Expert:  Sam replied 11 months ago.

Hi

 

Thanks for your question

 

As long as your visits back to the UK have been less than 91 days (and this pro rata'd for the tax year 2009/2010, the year you left the UK and 2013/2014 the year you return) then you maintain non residency for the WHOLE of the employment abroad, and therefore the earnings from 06/04/2013 to the date you return are NOT considered for UK tax. So have a split year for tax purposes for 2013/2014 and are only treated as resident (and therefore liable to tax on income) from the date you return to the UK.

 

And as you have claimed this to HMRC and they have not suggested otherwise, I have to assume that you have been treated as not resident throughout.

 

Please do feel free to ask any follow up questions, but if, in the meantime you could rate the level of service I have provided, it would be appreciated, as this ensures I am paid.

 

Thanks


Sam

 

 

 

Sam, Accountant
Category: UK Tax
Satisfied Customers: 12786
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
Sam and other UK Tax Specialists are ready to help you
Customer: replied 11 months ago.


Dear Sam,


 


Thanks for your answer and suggestion. I understand that the HMRC is now applying a more stringent test for establishing 'UK Non-res' status. I understand a new 'test' is to be applied from this year onwards. will this test be applied to me under the given conditions. And also what is this new test and how many days are now considered for deciding non-res status? thanks once again.


UB

Customer: replied 11 months ago.

Dear Sam,


Thanks for your comments and suggestions. I understand that HMR will be applying a new (rather more stringent) test for assessing Non-res status. Will I fall into the new rules regarding Non-res status? kindly explain.


UB


 


 

Expert:  Sam replied 11 months ago.

HI UB

 

Thanks for your response

 

The new rules (effective from 06/04/2013) will not mean any change in the way you have been viewed and treated, as you have had employment and lived abroad, so still have the 91 day visits permitted and have still be out of the UK for the last full tax year. So the advise given has considered the new residency position (and the statutory tests, which you do not have to meet, as you fall into a category which automatically sees you treated as not resident for the WHOLE period)

 

Thanks

 

Sam

 

 

Customer: replied 11 months ago.

Dear Sam,


Thanks. during my absence from UK only last year I transferred my NHS pension via QROPS scheme to a Trust in Malta. this happened in April 2014. I do not intend to draw any income from my pension investments now or for considerable period but I did take out 25% of my pension money as a cash payout. Will this amount be subjected to hmrc tax if I return to UK on a full time basis? kindly advise.


 


regards,


UB


 

Expert:  Sam replied 11 months ago.

HI UB

 

As this is a new question, asking for information on a new topic, this has to be listed as such (as per Just Answer policy I am afraid) but it would be appreciated that you rate this question and the service I have provided.

 

Thanks


Sam

 

 

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