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bigduckontax
bigduckontax, Accountant
Category: Tax
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Experience:  FCCA FCMA CGMA ACIS
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I left UK in 1956 and have lived and worked overseas ever since.

Customer Question

I left UK in 1956 and have lived and worked overseas ever since. I am now 82 and retired in Thailand. I have a Thai Partner and with her a 6 year old daughter. Since 2009 I have owned a home in Thailand and my daughter is enrolled in a local school.
I've lived and worked in Kenya 1966 to 1962, Trinidad and Tobago 1962 to 2007 and have been retired in Thailand past 7 to 8 years. I hold both British and Trinidad and Tobago Passports. My major income comes from Trinidad and Tobago and I receive a small State Pension and a small Private Pension from UK. I do not file a UK Tax Return.
I would like to know whether my Estate will be subject to UK Inheritance Tax? If I can get a definitive answer in this respect this information would be very useful to me.
Submitted: 2 years ago.
Category: Tax
Expert:  bigduckontax replied 2 years ago.
, I'm Keith and happy to help you with your question. Maybe you have come to the right place, I have a Thai wife too! With respect, you cannot own a home in Thailand unless you do it through a limited company. I suggest that it must be in your partner's name.
In theory you should file an UK tax return if you are in receipt of income not taxed at source. As your State Pension (SP) is paid gross then you might be in this position. On the other hand your private pension may be being paid with tax deductions, in which case the tax code used should reflect the un-taxed SP. However, if your UK income is below the Personal Allowance, currently 10K, then any tax return would be an exercise in financial futility and even HMRC don't want to bother with processing self assessment tax returns which yield no revenue.
I think it most unlikely that, having left the UK over half a century ago, that any of your estate would be liable to UK taxation on decease. You are, I suggest, beyond the reach of the UK tax authorities. UK Inheritance Tax only starts if your estate exceeds 325K anyway and that sum is inflated by any inter spousal bequests, so marriage would appear to be a solution.
I do hope I have helped you with your question.
Customer: replied 2 years ago.
Keith, Thanks quick response. Perhaps I should have used the word Condo instead of home. We have two homes, a house in BANGKOK in my partner's name and a Condo in Pattaya in my name. This is legal.
Although I'm now settled in Thailand with a Thai partner and child I still have a local wife in TT with whom I maintain a good relationship. Inview of this, marriage with my Thai partner is not possible.
Because I own 50% of three successful businesses In TT and investments my Estate is over 4 Million US. (My wife owns the other 50%) I am still the MD of these companies but they are managed by one of my sons and my wife.My Estate in Thailand is 1 million US and I have two separate wills one country. If this additional info make any difference please advise. Like you having a Thai partner has been a great experience .
Expert:  bigduckontax replied 2 years ago.
No, I do not think I can add much to my original advice. I am pleased to note that you have separate wills, always a recommended procedure where you have cross border assets.
As you probably know there is no Inheritance Tax regime in TT and capital gains are treated as income.
Thailand is introducing an Inheritance Tax which will crystalise by the middle of next year. It will be at 10% on assets over US$1.5M so you would appear to be under the wire there.
Being an only child of my Father's late second marriage my family base in the UK is effectively non existent. My Thai wife, who was divorced, accepted by her as the preferred bidder after a 20 minute taxi ride, proved to be the second daughter of man who had five wives. I was pitchforked into an enormous family grouping. She had two grown up children from her first marriage, one is a member of the Thai Royal Household and the other a banker. She has property in Bangkok and our favoured holiday destination is Rayong where we always rent the same villa designed occupants, but with our lot usually exceeding 20! If you move in Thai society I am sure you will understand.
Please be so mind as to rate me before you leave the Just Answer site.
bigduckontax, Accountant
Category: Tax
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Expert:  bigduckontax replied 2 years ago.
Thank you support.
Customer: replied 2 years ago.
Trust you received my third note - I'm not seeing it in the transcripts.
I am very satisfied withe the service you provided and gave you the top rating.
Expert:  bigduckontax replied 2 years ago.
Delighted to have been of assistance.
Customer: replied 1 year ago.
I was satisfied with your answered to my main question and gave you a top rating. Trust you have noted this. If this is not apparent please advise and I will re do it.
I do have a supplementary question as follows :- Do you think it wise to ask HM Revenue and Taxes in writing with all the details except the values to indicate whether they would have any interest in my Estate after my death and if so would this make any difference to the final outcome?
I know this is a loaded question and I do feel it's better to let sleeping dogs lie - as they say.
We attended a so wedding at the home of the bride this week and it's still not over yet since the reception is at a major hotel on Saturday.
Expert:  bigduckontax replied 1 year ago.
Firstly, sorry to be do long in responding. My doctor ordered complete physical rest save walking about, so I was moving my base back to Bangkok. I don't think she necessarily meant a ghastly 36 hour journey via Manchester, Abu Dubai and Bangkok!
My approach would be merely to ask HMRC if, as you long emigrated to Thailand many years ago, your UK estate is still subject to Inheritance Tax
Customer: replied 1 year ago.
Your response to my supplementary question seems to be the way to go and quite logical without committing too much information.
Sorry to hear you're under the weather and trust you soon recover. I also find at my age that long distance flying gets harder all the time even though I always fly Business Class. We are planning a trip to London at Easter and I will go down to TT days and leave the family in the UK. I do believe breaking the flight into two parts is the way to go- it keeps the flights shorter.
My move to The Land Of Smiles has been the best thing since sliced bread and I thoroughly enjoy life here with never a dull moment. Let me the first to welcome you back to Thailand.
Expert:  bigduckontax replied 1 year ago.
You are too late, some of the clan met me at the airport!
Yes, I think the approach I selected has the best chance of success without commitment.
I think the flight would have been OK were it not 4 hour stop over in Manchester, actually the city of my birth, with 2 hours in a freezing gate waiting area. Never again! Still, it is now warm and snug and our three cats look with distain on the returned interloper; well not Tarn, but she's jut coming out of kitten hood. Ninja is currently on the table by the window staring out and studiously ignoring me, as usual!
Customer: replied 1 year ago.
From NC
At this time I have enough to proceed to the next step which is to write to the powers that be and see what happens. Following this, if another question crops up I'll be in touch again.
I imagine from your description you're in the UK and enjoying your family and pets again. I note your comment about being in the warmth of your home after a long layover in a cold Airport. Living in a warm country Is not quite the main reason I like Thailand but it's a major consideration. It's Thai culture I enjoy the most and crime is hardly a factor here as it is in TT. As you know we get very few dull days and nearly everyday is another sunny day. Even the dull days are pleasant because it's a little bit cooler. Sorry to lay it on a bit thick - old-chap. Trust you're fully recovered.
If you would like me to grade you again please advise how I should proceed. I'm not seeing the box to do this. Nick.
Expert:  bigduckontax replied 1 year ago.
I am feeling better every day with the rest and the wife's cooking!
Actually it's a tad muggy in BKK today.
There is no requirement additional rating, you have already given me a top notch one queries are common as rice on the direr table. Having said that it's chicken and chips tonight, with imported cranberry sauce, of course.
Customer: replied 1 year ago.
Keith, I an thinking of getting you to look at the proposed letter I want to send to HM Collectors. The draft is in my iPad and I suppose I would have to re type it in yourCustomersystem. I want to avoid putting my foot in it and play it safe as far as the UK Government is concerned.
In my home I employ a live-in Nannie 6 year old and she also does the cooking. Naturally the two woman want Thai food and I prefer Western.At my table it's Thai mainly with one plate of Western. My maid in TT could cook anything including Roast Beef and Yorkshire Pudding which she could get to rise and very light. The gravey was perfect and I enjoyed eating the Yorkshire as hot as possible with the beef gravey as a starter. I don't think It will happen here because to begin with Thais like to eat cold food.
Expert:  bigduckontax replied 1 year ago.
Wow, you take me back to my youth; I remember at a guest house in Derbyshire Yorkshire pud served as a separate course in this way.
May I suggest that you post your draft as a new question marked exclusively attention?
Customer: replied 1 year ago.
Attention Keith, When I first started looking into the Inheritance Tax issue I approached our Company Auditor in TT and Omar a friend said he would contact an expert In London. He then fell ill and nothing happened. This is what lead me to check the Internet and connect withCustomerIt's laconic that in the end we all have to take the Accountant's Advice and over the years this was sometimes a bitter pill to swallow.
I've started this without copying the draft letter so will have to do this before I can re type it here. I guess you will have to reply to this message in order get into the system again. I'm afraid in the past, I relied too much on my personal secretary and now I have to do everything myself. I think I miss this service the most in retirement. Nick..
Expert:  bigduckontax replied 1 year ago.
No problem, Nick.
Don't forget to pose you draft as a new question marked exclusively .
Customer: replied 1 year ago.
exclusive attention KEITH. As discussed please see proposed letter to be sent to HM Revenue & Collections.
At the age of 23 January 1956 I left UK to work and live overseas shortly after completing National Service in the RAF end of 1955. Service No.(###) ###-#### ***** three years of my RAF service was spent largely overseas in a war zone. I have not returned to the UK to live or work since February 1956. Some 58 years ago. In actual fact I left the UK mid 1953 on overseas military service and returned at the end of 1955.
My father who lived in London passed away in 1980 and left part of the family home to me and another part to my half sister. When this happened I visited the UK and decided to rent my share of the property but later sold the property. During the time of the rental I paid UK Income Tax on the rental income.
At this time I was living in Trinidad and Tobago and in 2007 left Trinidad and Tobago to live in Thailand and have been a permanent resided here past 7 years. I have owned a condominium in Thailand 5 years and intend to spend the rest of my life here. I spent the years 1962 to 2007 in Trinidad & Tobago and prior to that in Kenya 1956 to 1962.
I currently receive a small State Pension and Private Pension from the UK. The value of these is approx just over £3,000.00 per annum and I do not file a UK Tax Return.
In Thailand I have a 6 year old daughter with my Thai Partner and we all reside happily together. The child is enrolled in a school in Thailand and is fully supported by me.
In view of leaving the UK 60 years ago please advise whether HM Revenue and Collections will have interest in my Estate after my demise.
Yours Very Truly.
If you think it needs a lot of editing and/or omissions or additions please apply your expertise. Nick.
Expert:  bigduckontax replied 1 year ago.
No, I think that will do, but emphasise that you have spent little time in the UK.
Customer: replied 1 year ago.
Keith, I'm going to send the letter to HM Revenue and Collections to a Nottingham Office which I believe handles Inheritance Tax Questions.
I have improved the letter slightly base on you last recommendation.
If I get a response, are you interested in hearing further about this matter?
If their answer is not what Is expected I will need further advice on what legal steps I should take to reduce my exposure.
Trust you have fully recovered.
Expert:  bigduckontax replied 1 year ago.
Let us wait and see what they have to say before we get further involved.
I think just about is the order of the day as regards ***** ***** I compute that I am 17 different pills a day, not to mention insulin injections twice daily!

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