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Sam
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Category: UK Tax
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Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
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I had a contract to work in Spain for the tax year 2012/2013.To

Customer Question

I had a contract to work in Spain for the tax year 2012/2013.To qualify for the job I had to get Spanish residency and a Spanish national insurance number also a Spanish bank account. I had to hire an apartment and paid all utility bills. I as
lso paid Spanish tax. Shortly after starting on the project my wife became ill with her continuing fight against cancer which was diagnosed terminal in june 2012. The result was I had to come back to the uk for more than the 90 days for the year. At the end of March 2013 my contract was complete.
I have not worked since then as my wife has finally ended up in a home for terminally ill people. What is my tax situation for 2
Submitted: 11 months ago.
Category: UK Tax
Expert:  Rakhi Vasavada replied 11 months ago.
Dear Friend,

Hello and welcome. Thank you for providing an opportunity to assist you.

I am extremely sorry to hear about your situation.

To the best of my knowledge, as you say, you did not stay for 90 consecutive days. Let me throw some light on the issue and the 90-day tie rule.

The 90-day rule states that you would become deemed resident if you have spent more than 90 days in the UK in either of the previous two tax years. Further to this, You do not seem to have been non-resident for three previous tax years and spent fewer than 46 days in the UK -

The above factors would make you residents for the tax purpose. However, with you having no income in the UK, all the Spanish tax paid would stand credit to you and you will have not additional tax liabilities.

I am sure this would help.

You may please leave a positive rating if this helps as this is the only way we get compensated for assisting you. Alternatively please feel free to reply back if you need further assistance.

Warm Regards
Expert:  Rakhi Vasavada replied 11 months ago.
Dear XXXXX,

It is not necessary to rate us bad. If at all I have missed out on any aspect of your question, please feel free to let me know so that I can help you better.

Warm Regards
Expert:  Sam replied 11 months ago.

Hi

 

 

My name is XXXXX XXXXX I am one of the experts on UK tax, I am afraid Baktax has not been on Just Answer for some time, would you like me to assist?
if so please advise

1)When did this contract abroad start (so when did you depart from the UK)

2) How many days did you in fact spend in the UK for 2012/2013

3) Had the plan originally been to remain in Spain for longer than March 2013

 

 

Thanks


Sam

 

 

Customer: replied 11 months ago.

Hello


The answers are as followd


1) contract started 19/03/12 and ended 31/03/13


2) approx 140 days due to my wifes illness


3) no


I was paid by a company from singapore

Expert:  Sam replied 11 months ago.

Hi

 

Thanks for your response

 

Then I am afraid you were never going to be treated as not resident as this contract did not span a full tax year (so for HMRC to award not residency this initial contract would had to have lasted beyond 05/04/2013 which it did not)

So how many days spent in the UK is immaterial as HMRC would not had to take this next step to see if non residency applied.


So, you will need to compete a self assessment tax return for HMRC for 2012/2013 and will be treated as resident, which means your worldwide income for the year will be liable to UK tax, but any Spanish tax suffered can be claimed to offset the UK tax arising (as we have a double taxation agreement with Spain) so in essence you will not be charged twice on the same income, although if the UK tax position is greater than Spain's, then you will have the excess tax to pay to MRC.

 

Do feel free to ask follow up questions

 

Thanks

 

Sam

Sam, Accountant
Category: UK Tax
Satisfied Customers: 12853
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
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