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Tips on completing the Hs302 Dual Residents 2018 Claim Form Claim As A Non Resident For Relief From Uk Tax Under The Terms Of A Double Taxation

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Get Your Hs302 Dual Residents 2018 Claim Form Claim As A Non Resident For Relief From Uk Tax Under The Terms Of A Double Taxation Signed Immediately

Hi I'm Tom Bradford. If you are in the UK.but not tax resident here then you only.pay tax on your UK income and you will.not have to pay tax on your foreign.income. However, if you become a UK.resident for tax purposes by spending.more than 183 days in the UK in a tax.year the new pay UK tax. On all of your.income whether it's from the UK or.abroad so the reason. I'm making this.video is to show you how you can.potentially avoid this through relying.on the special rules for UK residents.whose permanent home or domicile is.abroad. This situation applies to most of.my clients since they are mostly looking.to achieve permanent residence in the UK. They need to spend at least 185 days in.the UK in any 12-month period to be.eligible for indefinite leave to remain..This point comes at either ef5 under.most visa routes or at year three under.the accelerated roots like exceptional.talent..The innovative visa or the tier one.investor visa also in order to get to.the point at which they're entitled to.naturalize as British citizens. They need.to be in the UK for either six years so.five plus one under the normal visa.routes or for five years three plus two.under the accelerated pathway. The.requirement for citizenship is generally.less.four hundred and fifty days in total.over five years which comes to 90 days.per year plus 90 days. In the last year.if they need six in total so you can see.all that from the diagram here now how.does this interact with the tax position.and whether you need to pay UK tax on.your foreign income and gains.essentially as a UK resident if you have.your permanent home or domicile outside.of the UK then you can choose to be.taxed on the remittance basis of.taxation this means that you're not.reliable to UK tax on your foreign.income unless it's brought into the UK.are you remitted to the UK the same.applies to your foreign capital gains.for example if you sell shares or a.second home abroad also your non UK.estate is generally speaking outside of.the scope of UK inheritance tax.although advice needs to be taken on.that separately. Now what is the test for.residence the first question is whether.you are tax resident so non-residents.only pay tax on their UK income they do.not pay UK tax on their foreign income.you're likely to be resident for UK tax.purposes if you spend 183 days or more.in the UK and the tax year if you have a.home in the UK and you don't have a home.overseas so most of my clients have a.home overseas or if you work full-time.in the UK over a period of 365 days most.of my clients will be tax resident at.least in the first five to six years.because they need to spend 185 days in.the UK in order to qualify for.indefinite leave to remain and then to.naturalize as British citizens so you.can see from the diagram here in green.that in each year my clients will need.to spend 185 days in the UK because.they're only allowed 180 days absence in.each rolling 12 month period you can see.that 180 days in red here. Now in blue.just above it you can see the 183 days.which is the relevant period for the.purposes of becoming tax resident so.because they need to be here for 185.days to be on the pathway to permanent.residents or indefinite leave to remain.that puts them over the 183 days shown.here in blue for tax residency so they.will be tax resident for at least five.to six years as a general rule. Now if.you're domiciled in the UK and you're.resident here your text on the arising.basis of Taxation.it's called this means that your.worldwide income and gains will be.taxable in the UK and therefore even if.your foreign income and gains have.already been taxed in another country.they will still be taxable in the UK and.you must declare all of your foreign.income and gains on your tax return.so in some cases tax relief can be given.in the UK for foreign tax paid on.foreign income and gains if there's a.double taxation agreement for example.however this could be a less safe.approach depending on the jurisdictions.involved so how do you work out your.domicile the fact that you were born in.the UK and you've lived here for most of.your life and you're. Now living here.permanently would give a good indication.that you might be domiciled in the UK if.any of these elements do not apply.however then you should look at whether.there's an arguable case that you're not.on the salt your domicile is usually the.country your father considered his.permanent home when you were born you.need to be able to show that you.intended to return home and you still.intend to return home as it were but.this could be intended after a long.period of time in the UK it's fairly.easy for my clients to show that they're.not domiciled in the UK as you can see.from the HMRC flow charts so if we go to.flowchart one the first question is what.are your plans for the future and the.answer here is no firm plans as the case.may be and then where are you from it's.the next question another country my.clients would say then go to chart 3 so.if we go to chart 3 the question is.where was your father born and if in.another country do you have current.personal links with that country yes do.you have current personal links with the.country or territory of your own own.Perth yes and then it says you're.domiciled outside of the UK so that's.quite helpful because there's the.situation that would apply to many of my.clients. Now if the position is even.stronger in terms of the intention to.return then we go back to flowchart 1.what are your plans of the future to.leave the UK.then you go to flowchart for now on.float out for where were you born in.another country where was your father.born and another country other than.while his father was working outside of.the UK for a limited period then it asks.in which country are most of your.personal links and then if the answer is.another country then you're domiciled.outside of the UK so you can see from.this that it's relatively easy to show.that your domicile is abroad and that is.the case even if you've been in the in.the UK how it can be the case even if.you've been in the UK for a considerable.period of time so there's three ways to.show that you're not domiciled in the UK.in broad terms but each of them contain.potential traps for someone who's.looking to get permanent residence or.citizenship in the UK firstly you can.rely on your domicile of origin then.your domicile of choice or your domicile.of dependents. Now the one is most.relevant to us here is domicile of.origin so you normally acquire a.domicile of origin from your father when.you're born so your domicile of origin.will often be referred as often be the.country in which you were born however.if you were born in the country and your.father was not domiciled there at the.time you were born then your domicile of.origin may be or father's country of.domicile so there's some complexity.there but essentially if your father was.born outside of the UK then that can.generally be demonstrated but then.there's domicile of choice. Now here this.is where there's a potential trap so you.need to manage your affairs to ensure.that if it is the case you do not.inadvertently make the UK your domicile.of choice you need to have a legal.capacity to acquire and you domicile of.choice but you have that from the age of.16 when when you move to another country.so what point have you chosen the UK is.your domicile well neither the.acquisition of in.definitely to remain nor naturalizing as.a British citizen necessarily mean that.you've chosen the UK as your domicile.you can be British and still have your.domicile in another country domicile is.determined by a number of factors and.being British is not determinative.however the application for ILR and the.application for naturalization needs to.be navigated carefully if you're.intending to remain domiciled so the.application for naturalization asks you.to declare whether you intend to make.the UK your main home and if the UK is.not to be your main home then you should.of course make this clear but speak to.me and my tax advisers to make sure that.you don't inadvertently fall into any.traps when completing these forms.because people do inadvertently at that.point make declarations often.unnecessarily which have the effect of.demonstrating later that the that they.chose the UK to be their domicile so how.can you plan your your UK residency to.avoid paying tax on your foreign income.and gains lawfully or broadly if you.wants to avoid paying tax on your.foreign income gains after acquiring.that UK indefinite leave to remain or.after naturalizing as a British citizen.then you have to consider among other.potential approaches either cease being.resident for UK tax purposes so you're.automatically classed as UK non-resident.if either you spend fewer than 16 days.in the UK or you work abroad full time.so averaging at least 35 hours a week.and if you spent more than 91 days in.the UK of which no more than 30 was.spent working the second approach is to.remain tax resident but non domiciled.and then opt for the remittance basis of.Taxation so in order to do this you'll.need to have navigated your applications.for indefinite leave to remain a.naturalization in such way as to avoid.having X.it's a legal choice to make the UK or.domicile if it's not possible to avoid.tax residency in other words you know.you you are going to be in the UK for.more than 183 days then you can.potentially avoid being deemed domicile.in the mean time by ensuring that your.total time spent in the UK over a.20-year period is not more than 15 years.and in order to continue on this.remittance basis of taxation from years.7 to 12 you need to pay a set charge of.30000 and then from years 12 to 15 you.need to pay 60,000 and then you can.continue to benefit from from those.provisions so there are also other ways.to plan ahead through for example.corporate tax and trust structures but.these and the approaches of I've set out.in this video need to be considered.carefully with tax advisers and.immigration advisers this is essential.and if you'd like to speak with me and.my tax advisers I then I'd be happy to.help please don't hesitate to get in.touch for a free consultation thanks.very much and see you in the next video..

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