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I am confused so I rang HMRC. Now I'm even more confused!!!.

Hi Sam, I am confused...
Hi Sam, I am confused so I rang HMRC. Now I'm even more confused!!!. I am UK resident.I am currently employed PAYE. I have been offered a job by a UK based company, working on a RAF base in the Falkland Islands.
I have a limited company, currently dormant and have no issues returning to self employment if necessary. do you have any idea what my tax liabilities are as it holds the balance as to whether I go or not.
Regards Andrew
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Answered in 4 hours by:
1/18/2018
Sam
Sam, Accountant
Category: UK Tax
Satisfied Customers: 14,217
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
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Hi, Sam here, one of the UK Tax Experts here on Just Answer, Thank you for your question - I shall reply shortly.

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Hi Andrew

Thanks for asking for me

Its doesnt sound like you can be anything other than an employee with this job offer, being self employed (or a limited company) is not a matter of choice but a matter of law under the employment status and IR35 legisaltion

So I am not sure what you are asking - as this is not a case of choosing how you want it to be

But re your overall tax positon when you will you leave the Uk to take up this job, how long will it last for and what visits do you enviage making.

The upshot is this - for your to be treated as NOT UK Resident (and so not liable to UK tax) you have to leave the country for at least one FULL tax year - so if you left now - you would need to stay out of the UK living and working until after 05/04/2019 and that visits back to the UK could not be for more than 90 days for each full tax year and then pro rata for each part year (so for the tax year you leave and the tax year you return)

If you do not spend at least one full tax year abroad then all your income will be subject to UK taxation as you will then be treated as resident for UK tax purposes

Note also if you take this up that you will need to complete form P85 for HMRC as you leave so they can make a provisional decision of your tax and of they agree you will be not resident,then they will issue tax code NT (No tax) to he UK employer as necessary but you will continue to pay National Insurance for 52 weeks

You also will need to complete a self assessment tax return afetr each 5th April so they can see how much time you did in fact spend abroad and how many visits you had back in the UK

Link here for form P85 https://www.gov.uk/government/publications/income-tax-leaving-the-uk-getting-your-tax-right-p85

Let me know if I can assist further

Thanks

Sam

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Customer reply replied 4 months ago
Thanks for getting back to me Sam, l will be working 11 weeks on and 3 off so will definately be in the uk less than 90 days a year. Once the Falkland contract is complete, I will be off to Kenya. The company builds infrastructure abroad for the Ministry of Defence. I assumed I would be self employed , they pay me £6500 a month and I sort out my tax and NI as long as this is possible. If I have to pay 40% on £78,000 a year, I’m not sure it’s worth going.
Regards
Andrew

HI Andrew

When will the contract start and end ? Will you come back to the UK after this contract ends and the Kenyan one begins?

Its not for you to sort out your tax and National Insurance its for the business that engages you

Thanks

Sam

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Customer reply replied 4 months ago
Thanks again Sam, I can see that I have been barking up the wrong tree here. The company would employ me through a UK based agency. The contract is rolling, but always overseas, 11 weeks on 3 weeks off. Employment would be continuous until I Quit or they sack me. They have several years work on the books. I think I have the gist of it now, be employed on the understanding that it’s more than 12 months, work the 11 on 3 off pattern, fill in the form and apply for the exemption, hopefully only pay national insurance. Is that roughly it?

Hi

Thanks for your response

Yes you have a good understanding of the situation - but just make sure that to keep this income UK tax free that this ses you working abroad beyond 05/04/2019 and that you do not return back to the UK for more than 90 days each full tax year abroad and that in between locations/contracts that you do NOT return to the UK for a visit as it would render the year abroad as invalid. So if you say had a 3 week off gap between Falklands and Kenya - remain broad for that specific three weeks

Thanks

Sam

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