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Tony Tax
Tony Tax, Tax Consultant
Category: UK Tax
Satisfied Customers: 15713
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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In 2011 i started working in. I submitted P85 form resident

Customer Question

Hello
In 2011 i started working in Angola. I submitted P85 form for non resident status. I did not recieve a reply, am i suppose to recieve a reply from HMRC after submitting P85?
If HMRC want proof i have not been in the country for 3 tax years 2011, 2012 and 2013 for more than 91 days. If they ask me for proof , the proof i have is emails with travel itinary. I have stamps in my passport but no stamps for when i travelled in Europe. So is email travel itinary good enough for proof of travel ?, i do not have all of my boarding passes just some of them.
thanks
Submitted: 4 months ago.
Category: UK Tax
Expert:  Tony Tax replied 4 months ago.

Hi.

Have you been non-UK resident since 2011? You only mention 2011, 2012 and 2013. Why has it become an issue for you now?

Customer: replied 4 months ago.
I dont know if i have been non resident because i did not get a reply from HMRC to say i am non resident. When i finished working in Angola in February 2014 i started working in Norway and paying Norwegian National Insurance and Norwegian tax. Next month my contract will finish in Norway and i will go back to England and possibly get a job in England therfore coming into contact agian with HMRC,, so this is why it is an issue now.
Expert:  Tony Tax replied 4 months ago.

Thanks.

Leave this with me while I draft my answer. It will take a while.

Customer: replied 4 months ago.
ok thanks
Expert:  Tony Tax replied 4 months ago.

Many people don't complete a P85 when they leave the UK and it isn't a problem if they aren't working for a UK based company abroad. If they were working for a UK based company abroad, they would need HMRC to issue a NT (no tax) code to the UK employer if the UK base is responsible for the payroll. HMRC has no jurisdiction over foreign employers abroad.

HMRC don't normally write to people to tell them that they are non-resident based on a P85. The proof is in the pudding. When you return to the UK and take a job or register as self-employed, you will be back on the HMRC radar and they may write to you to find out what you have been doing since you last paid tax in the UK. That is when you will need to provide an explanation. I wouldn't send copies of passport stamps to HMRC, at least not initially, Just tell them where you have been living and working as you have told me and state that you believe that you have maintained your non-UK resident status since you left the UK until your return. They may then ask for something to back that up and you will only be able to give them what you have. I don't really foresee any problems for you unless you have spent too much time in the UK.

Since 6 April 2013, there has been a new system in place to determine UK tax residency status. It's called the Statutory Residence Test and you can read about it here. A summary can be found here. You may also find the flowchart here useful.

I hope this helps but let me know if you have any further questions.

Customer: replied 4 months ago.
When u say HMRC have no jurisdiction of foreign employers abroad...Well my employers were foreign but I thought I still have to pay tax on any money I earn abroad from even a foreign employer if I was UK resident.
I was thinking worse case scenario and they ask for proof that i was not resident,I was wondering if travel confirmation from emails is good enough as proof?
Expert:  Tony Tax replied 4 months ago.

You would be liable for UK tax for any tax year in which you were resident in the UK but the year of departure from the UK and arrival back in the UK are usually split between periods of residence and non-residence. Travel confirmation and passport stamps will help in determining your whereabouts as well as any paperwork you have from employers such as payslips etc.

Expert:  Tony Tax replied 4 months ago.

Hi.

I'm just following up to find out if my answer helped or if you have any further questions.

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