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Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13919
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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I have a question regarding uk residency purposes,

Resolved Question:

I have a question regarding uk residency purposes, I understand the basics around residency but my case is not a simple one. I am looking expertise in this field ?
Submitted: 2 years ago.
Category: Tax
Expert:  Sam replied 2 years ago.

Thanks question
telephone interview to take place, I am afraid usually you would need to ring us on an additional fee basis.
I will send this through now.
Thanks
Sam
Expert:  Sam replied 2 years ago.
Julian
Your question has reappeared on th list, as if there is a reply, but there is not.
Can I assist further
Thanks
Sam
Customer: replied 2 years ago.

I am an IT consultant enquiring about residency status /14.

I was working on a contract through my own Ltd Co, until May 13.

I was also commissioned in March 13 to start work on another project in Abu Dhabi, I met with the company in Spain late Mar 13, but did not go out to AD until May 13.

I remained in AD, with a few return visits to the UK, until mid Apr 14.

Is there any basis to claim non residency year 13/14 ?

Expert:  Sam replied 2 years ago.

Thanks question
Did you return to the UK between March 2013 when having the initial meeting in Spain and then heading out to AD in May 2013?
What visits did you have from May 2013 to April 2014, and were any of these purposes
What date did you return to the UK in April 2013 and have you remained living and working back in the UK since that date?
Thanks
Sam
Customer: replied 2 years ago.

Did you return to the UK between March 2013 when having the initial meeting in Spain and then heading out to AD in May 2013?

YES, I WAS IN THE UK FROM 2nd APRIL 13 until 27th MAY 13.

What visits did you have from May 2013 to April 2014, and were any of these purposes.

MULTIPLE VISITS, BUT NUMBER OF DAYS IN UK NOT EXCEEDING 90.

What date did you return to the UK in April 2013

19th APRIL 2014

and have you remained living and working back in the UK since that date?

YES.

Expert:  Sam replied 2 years ago.

Thanks response and the information requested
Whilst you do not indicate whether your visits back to the UK during the period 27/05/2013 to 19/04/2014 were visits, the fact that you did not achieve a full tax year out of the UK, I am afraid means that you are treated as resident whole of the tax year 2013/2014.
residency to be achieved you needed to either, have left the UK to live and work abroad, prior to 05/04/2013 OR with the date of departure having in fact been 27/05/2013, that you did not return to work and live in the UK until after 05/04/2015
As you have not achieved that full tax year, then you remain liable to UK tax on your total income position /2014, and whether you then spent more or less than 90 days in the UK during this working and living abroad time, has no bearing.
Sorry the news is not more favourable.
Thanks
Sam
Sam and other Tax Specialists are ready to help you
Customer: replied 2 years ago.

Thanks, ***** ***** that was the case but thought I would ask before I handed over £30k.

So had I been out on the 5/6 Apr 2013, then I would have been ok.

Expert:  Sam replied 2 years ago.
Julian
Thanks response
Never hurts to check does it (not when that sort of money is involved!)
Yes if you had been out by 5th April 2013 then you would have made the full tax year - and had non residency and non UK taxation - which I know seems so unfair - but that's the rules sadly -
Let me know if you require any further assistance, but it would be appreciated if you could rate the level of service I have provided (or click accept) then I am credited time
Thanks
Sam