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bigduckontax
bigduckontax, Accountant
Category: Tax
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Hello, I am a UK resident, employed, paying tax and NI in the

Customer Question

Hello, I am a UK resident, employed, paying tax and NI in the UK. I have lived in the UK since February 2005 but hold a Bulgarian passport.
In my current job I am mostly abroad on business and on average spend less than 3 months a year in the UK. I have stopped renting a flat in London and stay with friends if I need to check in with the office. My question is if I am eligible to claim some tax back given that it's earned while abroad? My business trips are all in the EU - e.g. Sweden, Spain, Denmark and last 3 to 6 months each.
Thanks,
Vassy
Submitted: 3 years ago.
Category: Tax
Expert:  bigduckontax replied 3 years ago.
Hello Vassy, I'm Keith and happy to help you with your question.

Unfortunately as you are paid by an UK employer so you don't get all your tax back. However HMRC advise that you are only pay tax on the proportion of time you spend working in the UK for your employer. If your time in the UK is 'merely incidental' to your employment eg returning only for fresh instructions or to attend a training course then you don't pay tax or NI in the UK at all. Those are the rules for non-UK residents.

To check whether you are actually classed as an UK resident you should check RDR1 on the web. Then check HMRC6 to see what tax you should be paying. You may also be entitled to Overseas Workday Relief. The rules are extremely complicated, but in your case you spend so much time in the UK I doubt it being of much use to you.

If you pay tax in the any of the EU countries in which you work then the tax deducted is allowable as a credit against any tax assessed by HMRC. Keeping up with this involves a lot of highly accurate record keeping, so be careful.

I do hope I have been able to throw some light onto some of the basic problems you might encounter.

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