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Answered in 33 minutes by:
5/4/2011
Sam, Accountant
Category: UK Tax
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Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
VerifiedHi
Thanks for your question
When did the contract start in Dubai - as it would appear that you advising 9th April 2010 was correct based on the information you have provided. And to return back to the UK for a little under a month, would suggest that your job did not start until this later date.
This being the case, you will be fully liable to UK tax on your UAE earnings as a complete tax year has not been achieved.
If in fact your contract started at the earlier date, then you have scope to advise HMRC of this, however, then as you spent 29 days back in the UK - this needs to be considered with time spent back in the UK between 09/04/2010 to 05/04/2011 - and any dates between 06/04/2011 to Aug 2011 if this averages at more than the 90 days permissible, then you may find you still have a liability in the UK.
Thanks
Sam
Sam, Accountant
Category: UK Tax
Satisfied Customers: 17,137
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
VerifiedSam and 87 other UK Tax Specialists are ready to help you
Hi
Thanks for your response and the additional information
With a start date of the 1st April - this will be the date that is considered, however you did not take th post up until 9th April - so this will be treated as your date of leaving the UK. This being the case, you did fill in the P85 correctly and you will be fully liable to UK tax on all income earned from the UAE - as unless you remain in post until after 05/04/2012, then you will not have completed a full tax year. And as you plan to return to the UK Aug 2011 to take up employment, this will not fulfill the first criteria to be considered non resident, and subsequently free of UK tax for tax for the total period.
So days in and out of the UK do not need to be considered as you have not met this first remit.
Sorry the news is not better
Thanks
Sam
Sam, Accountant
Category: UK Tax
Satisfied Customers: 17,137
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
VerifiedSam and 87 other UK Tax Specialists are ready to help you
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