Expat? 90 Day Rule? Nope, you're Fecked!
Discussion
Mods, please leave in N, P & E for a while to get decent exposure, this is a huge blow to many folks working overseas, but UK based! You're liable if you have so much as a UK bank account, residence, business interests or many other tenuous links!
As of legislation planned for March, if you're a British expat, you're liable for tax - regardless of how many days spent outside the UK:
I asked for comment from my accountant.
Brief answer for employed staff follows:
"Under the new guidelines from HMRC you are UK resident. You could avoid this if you didn't have accommodation available for your use in the UK and you didn't have children attending UK schools. The clients I have who have flexibility are either operating through UK companies (and paying 21% tax) or establishing residence in alternative jurisdictions. These options aren't available to you as you have a job.
Moving funds offshore won’t solve your problem as you are taxable on your worldwide income. This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
As of legislation planned for March, if you're a British expat, you're liable for tax - regardless of how many days spent outside the UK:
I asked for comment from my accountant.
Brief answer for employed staff follows:
"Under the new guidelines from HMRC you are UK resident. You could avoid this if you didn't have accommodation available for your use in the UK and you didn't have children attending UK schools. The clients I have who have flexibility are either operating through UK companies (and paying 21% tax) or establishing residence in alternative jurisdictions. These options aren't available to you as you have a job.
Moving funds offshore won’t solve your problem as you are taxable on your worldwide income. This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
Fan-f
king-tastic. I am doing my utmost to leave this s
thole, and to avoid paying even more tax as a result of the mismanagement of this country by people who I never voted for.
Looks like I will be selling up everything and never setting foot in this s
thole again, if it means I avoid giving Winky any more tax.
king-tastic. I am doing my utmost to leave this s
thole, and to avoid paying even more tax as a result of the mismanagement of this country by people who I never voted for.Looks like I will be selling up everything and never setting foot in this s
thole again, if it means I avoid giving Winky any more tax.jshell said:
Mods, please leave in N, P & E for a while to get decent exposure, this is a huge blow to many folks working overseas, but UK based! You're liable if you have so much as a UK bank account, residence, business interests or many other tenuous links!
As of legislation planned for March, if you're a British expat, you're liable for tax - regardless of how many days spent outside the UK:
I asked for comment from my accountant.
Brief answer for employed staff follows:
"Under the new guidelines from HMRC you are UK resident. You could avoid this if you didn't have accommodation available for your use in the UK and you didn't have children attending UK schools. The clients I have who have flexibility are either operating through UK companies (and paying 21% tax) or establishing residence in alternative jurisdictions. These options aren't available to you as you have a job.
Moving funds offshore won’t solve your problem as you are taxable on your worldwide income. This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
Is this a reaction to the BA pilot who went to court last year?? He was really bending the rules to breaking point, by working from the UK but claiming he was actually resident in South Africa & commuting to the UK for work & as such HMRC could in this case take into account the following factors:As of legislation planned for March, if you're a British expat, you're liable for tax - regardless of how many days spent outside the UK:
I asked for comment from my accountant.
Brief answer for employed staff follows:
"Under the new guidelines from HMRC you are UK resident. You could avoid this if you didn't have accommodation available for your use in the UK and you didn't have children attending UK schools. The clients I have who have flexibility are either operating through UK companies (and paying 21% tax) or establishing residence in alternative jurisdictions. These options aren't available to you as you have a job.
Moving funds offshore won’t solve your problem as you are taxable on your worldwide income. This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
- he retained a house in the UK;
- he was on the electoral roll in the UK as a resident;
- post was sent to him at his UK address;
- he kept a car in the UK;
- he had a bank account in the UK into which his salary from British Airways was paid;
- he was registered with a dentist in the UK;
- he was a member of the professional body of the British Airline Pilots Association.
The case resulted in a person probably needing to demonstrate a "distinct break" in their pattern of life
Bing o said:
Fan-f
king-tastic. I am doing my utmost to leave this s
thole, and to avoid paying even more tax as a result of the mismanagement of this country by people who I never voted for.
Looks like I will be selling up everything and never setting foot in this s
thole again, if it means I avoid giving Winky any more tax.
This is the way i have been thinking, but i still like the UK so i might just become a pikey instead and have a permanent holiday here, or maybe destroy my passport and pretened i am an east european refugee. There are ways to get out of paying taxes in the UK
king-tastic. I am doing my utmost to leave this s
thole, and to avoid paying even more tax as a result of the mismanagement of this country by people who I never voted for.Looks like I will be selling up everything and never setting foot in this s
thole again, if it means I avoid giving Winky any more tax.
As far as I can tell, the legislation is still in place that states -
You are treated as non resident if you are working full time abroad for a full tax year.
You are also treated as non resident if you do not come to the UK at all in the tax year.
You cease to be non resident if you are in the UK for more than 182 days in any tax year or on average more than 91 days over the last 4 years.
The recent court case decided that the bloke was resident because he was relying totally on the 91 day rule and hadn't given up his links to the UK. He wasn't using the working abroad defence.
I would be interested in the details of the new legislation that contradicts this, if you have it?
You are treated as non resident if you are working full time abroad for a full tax year.
You are also treated as non resident if you do not come to the UK at all in the tax year.
You cease to be non resident if you are in the UK for more than 182 days in any tax year or on average more than 91 days over the last 4 years.
The recent court case decided that the bloke was resident because he was relying totally on the 91 day rule and hadn't given up his links to the UK. He wasn't using the working abroad defence.
I would be interested in the details of the new legislation that contradicts this, if you have it?
onlyarenault said:
As far as I can tell, the legislation is still in place that states -
You are treated as non resident if you are working full time abroad for a full tax year.
You are also treated as non resident if you do not come to the UK at all in the tax year.
You cease to be non resident if you are in the UK for more than 182 days in any tax year or on average more than 91 days over the last 4 years.
The recent court case decided that the bloke was resident because he was relying totally on the 91 day rule and hadn't given up his links to the UK. He wasn't using the working abroad defence.
I would be interested in the details of the new legislation that contradicts this, if you have it?
There is no change in legislation from what i can tell. This "new test" is aimed at those people who have contracts of employment in the UK but are claiming non-residency, eg: this pilot. You are treated as non resident if you are working full time abroad for a full tax year.
You are also treated as non resident if you do not come to the UK at all in the tax year.
You cease to be non resident if you are in the UK for more than 182 days in any tax year or on average more than 91 days over the last 4 years.
The recent court case decided that the bloke was resident because he was relying totally on the 91 day rule and hadn't given up his links to the UK. He wasn't using the working abroad defence.
I would be interested in the details of the new legislation that contradicts this, if you have it?
I should be ok then - we have a house in the UK but it was bought purely for investment and is rented out. I have a UK bank account but this solely for the purpose of servicing the mortgage on said house and any landlord obligations.
I've lived outside of the UK for over 6 years and rarely visit.
I've lived outside of the UK for over 6 years and rarely visit.
This sums the ruling: http://news.bbc.co.uk/1/hi/business/8519803.stm
jshell said:
This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
So even if you lived full time in another country a Yank would have to pay US tax on top of what the country of residence charge , that can not be right Edited by Lost soul on Tuesday 9th March 12:16
Lost soul said:
jshell said:
This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
So even if you lived full time in another country a Yank would have to pay US tax on top of what the country of residence charge , that can not be right Edited by jshell on Tuesday 9th March 12:18
jshell said:
Lost soul said:
jshell said:
This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
So even if you lived full time in another country a Yank would have to pay US tax on top of what the country of residence charge , that can not be right Edited by jshell on Tuesday 9th March 12:18
Lost soul said:
jshell said:
Lost soul said:
jshell said:
This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
So even if you lived full time in another country a Yank would have to pay US tax on top of what the country of residence charge , that can not be right Edited by jshell on Tuesday 9th March 12:18
Lost soul said:
jshell said:
Lost soul said:
jshell said:
This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
So even if you lived full time in another country a Yank would have to pay US tax on top of what the country of residence charge , that can not be right Edited by jshell on Tuesday 9th March 12:18
jshell said:
if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
Not sure if the following became US law:"The U.S. government is about to close off the last refuge for Americans who seek to escape the clutches of the IRS.
Every year, a few hundred Americans take the fateful step of surrendering their U.S. citizenship to avoid paying U.S. taxes. Many of them already live abroad, and are subject to U.S. law which — almost alone among the world's nations — taxes the income of its citizens no matter where they live or where they earn that income.
Now, buried within a bill furnishing tax benefits for soldiers and veterans is a provision that amounts to an "exit tax." As explained by the Wall Street Journal, the law will "that will tax the assets of those who leave for good on their way out the door, as if they were selling those assets."
But wait, there's more! In what looks like a hideous application of retroactive law, ex-U.S. citizens who die and leave their assets to heirs who retain their citizenship will find those assets taxed at 45% — the gift-tax rate.
And it gets still worse. The law applies not only to U.S. citizens, but also anyone who's been a permanent resident longer than eight years. (Call this one the Foreign Investment Discouragement Clause.)"
GT03ROB said:
onlyarenault said:
As far as I can tell, the legislation is still in place that states -
You are treated as non resident if you are working full time abroad for a full tax year.
You are also treated as non resident if you do not come to the UK at all in the tax year.
You cease to be non resident if you are in the UK for more than 182 days in any tax year or on average more than 91 days over the last 4 years.
The recent court case decided that the bloke was resident because he was relying totally on the 91 day rule and hadn't given up his links to the UK. He wasn't using the working abroad defence.
I would be interested in the details of the new legislation that contradicts this, if you have it?
There is no change in legislation from what i can tell. This "new test" is aimed at those people who have contracts of employment in the UK but are claiming non-residency, eg: this pilot. You are treated as non resident if you are working full time abroad for a full tax year.
You are also treated as non resident if you do not come to the UK at all in the tax year.
You cease to be non resident if you are in the UK for more than 182 days in any tax year or on average more than 91 days over the last 4 years.
The recent court case decided that the bloke was resident because he was relying totally on the 91 day rule and hadn't given up his links to the UK. He wasn't using the working abroad defence.
I would be interested in the details of the new legislation that contradicts this, if you have it?
I have reviewed this recently and for the vast majority of us expats, living and working overseas and visiting the UK maybe once or twice a year, nothing will change. It is those who previously benefited from playing the game who will suffer through the closure of what is effectively a generous loophole.
Hitch78 said:
GT03ROB said:
onlyarenault said:
As far as I can tell, the legislation is still in place that states -
You are treated as non resident if you are working full time abroad for a full tax year.
You are also treated as non resident if you do not come to the UK at all in the tax year.
You cease to be non resident if you are in the UK for more than 182 days in any tax year or on average more than 91 days over the last 4 years.
The recent court case decided that the bloke was resident because he was relying totally on the 91 day rule and hadn't given up his links to the UK. He wasn't using the working abroad defence.
I would be interested in the details of the new legislation that contradicts this, if you have it?
There is no change in legislation from what i can tell. This "new test" is aimed at those people who have contracts of employment in the UK but are claiming non-residency, eg: this pilot. You are treated as non resident if you are working full time abroad for a full tax year.
You are also treated as non resident if you do not come to the UK at all in the tax year.
You cease to be non resident if you are in the UK for more than 182 days in any tax year or on average more than 91 days over the last 4 years.
The recent court case decided that the bloke was resident because he was relying totally on the 91 day rule and hadn't given up his links to the UK. He wasn't using the working abroad defence.
I would be interested in the details of the new legislation that contradicts this, if you have it?
I have reviewed this recently and for the vast majority of us expats, living and working overseas and visiting the UK maybe once or twice a year, nothing will change. It is those who previously benefited from playing the game who will suffer through the closure of what is effectively a generous loophole.
GT03ROB said:
Lost soul said:
jshell said:
Lost soul said:
jshell said:
This is the same basis that the USA operates, i.e if you have a US passport you pay US tax, wherever you live. We expect the UK to enshrine this in legislation in March."
So even if you lived full time in another country a Yank would have to pay US tax on top of what the country of residence charge , that can not be right Edited by jshell on Tuesday 9th March 12:18
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