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Sam
Sam, Accountant
Category: UK Tax
Satisfied Customers: 13810
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
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I have been working in UK 3 years. Im a UK citizen

Customer Question

Hi I have been working in UK for past 3 years. Im a UK citizen but moved to AU in 86. I hold dual citizenship. I paid UK tax over the 3 years, but my salary was paid into AU account. I have a private pension in AU which I paid voluntary contributions, the fund is a recognised pension fund in UK. My question is can I claim tax relief on my UK take return?
Thanks
Alan
Submitted: 2 years ago.
Category: UK Tax
Expert:  Sam replied 2 years ago.
Hi Alan
Thanks for your question - I am Sam and I am one of the UK tax experts here on Just Answer.
Can you advise whether you lived or worked in the UK during these past three years?
If you remained a resident of d Australia - then please advise, what visits if any you made to the UK each tax year, and whether any of these were for work purposes.
What plans do you have over the next few years - have you moved abroad permanently?
Did you complete form P85 when you left the UK advising HMRC if you change of residency status
Thanks
Sam
Customer: replied 2 years ago.
Hi i worked in UK for the 3 years. Paid full tax in UK. I was employed by a UK registered company. I remained a resident in AU for tax purposes. I worked on a 8 and 2 work roster. My 2 week leave was spent in various countries of which included AU.
Customer: replied 2 years ago.
I maintained the same residence of the 3 years in the UK.
Customer: replied 2 years ago.
I am now back in AU, but intend moving back to the UK on completion of my current Project
Customer: replied 2 years ago.
My superfund is UK registered for QROPS, confirmed by my fund manger today
Customer: replied 2 years ago.
i did not complete a P85 form
Expert:  Sam replied 2 years ago.
Hi
Thanks for your response
Then you will be a UK taxpayer for these three years - but due to the double taxation agreement with Australia will not be charged twice on the same income.
if the pension scheme is a recognised pension plan within the UK, then yes pension contributions can attract tax relief (under UK pension arrangements tax relief is usually given at source, and additional relief, due to higher rates of tax having been suffered are then considered) You advise that it is a recognised plan in the UK, so contributions will attract tax relief.
If you have any doubts then your pension provider can advise further.
(Do not worry about the P85 - this would not be relevant under the conditions I first thought you were advising on)
Thanks
Sam
Customer: replied 2 years ago.
my pension contributions were self contributions to my private fund. I have never claimed the tax reliefe in the UK as I didn't think it was deductable, can i go back over the previous tax returns and back claim?
Customer: replied 2 years ago.
Im in the middle of completing my 14/15 return now
Expert:  Sam replied 2 years ago.
Hi
Thanks for your response
Thats acceptable if a recognised scheme by HMRC
BUT HMRC only allow contributions IF you were a higher rate taxpayer (as it will automatically assume standard rate relief contributions were added to your contribution by the pension fund and then allow additional tax relief as necessary)
I assume you have not claimed relief for these in Australia. This being the case - with both these further remits - then YES you can go back up to three tax years
Let me know if you wish to to expand on my responses, but it would be appreciated if you could rate the level of service I have provided (or click accept) so that Just Answer credit for me for my time
Thanks
Sam
Customer: replied 2 years ago.
i was a higher rate taxpayer, during the 3 tax periods. Ok thanks, ***** ***** amend the tax online?
Expert:  Sam replied 2 years ago.
Hi
Thanks for your further questions
You can amend last year online (2013/2014 but may find you have to write to HMRC re 2012/2013) as often the ability to amend after the 12 months passed Adeline, means a written amendment is necessary
Thanks
Sam

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