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Sam, Accountant
Category: UK Tax
Satisfied Customers: 6497
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
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I am currently working as an overseas contractor in

Customer Question

I am currently working as an overseas contractor in Afghanistan and have NT tax code status.
I started work in August 2015 and I plan to return to the UK mid January 2017. I don't plan on working in the UK until after the new tax year starts in April 2017. Would I still be liable for any taxes on my previous earnings?
Also, I have heard a rumour that UK visits are limited, to remain tax free. I.e, I was told no more than 5 visits per tax year. Can you clarify this as I can't seem to find any reference to this on the HMRC website.
Many regards
***** *****
Submitted: 7 months ago.
Category: UK Tax
Expert:  bigduckontax replied 7 months ago.

Hello Chris, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question.

Firstly, when you left the UK in 2015 did you complete a Form P85 and send it to HMRC? If you did not then you should do so immediately, fortunately there is no time limit as to its submission, it is available on the web and can be filed on line. On receipt HMRC will classify you as non resident. Once so classified you can spend up to 91 days in the UK in any one tax year without breaching your non residential status. The number of trips to the UK is irrelevant, the 91 days is the key. On your return to the UK advise HMRC by letter and they will split the returning year in two portions, one non resident, the other resident. Your overseas earnings will not be subject to UK taxation under the P85 system.

I do hope that you have found my reply of assistance.

Customer: replied 7 months ago.
Hi KeithThank you for your quick response. I have completed a p85 and been granted NT status. I was led to believe it was no more than 90 days continuous and no more than 180 days in the uk to comply with regulations. Can you please advise?
Expert:  bigduckontax replied 7 months ago.

In theory the 91 days can be averaged out over four years, but the general consensus of expert opinion on this site is never to exceed the magic 91 days in any one tax year. The 180 days is nothing to do with the case.

Sorry to have to rain on your parade.

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