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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15933
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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I live in the Uk but will paid by a Chinese company(

Customer Question

Hi,
I live in the Uk but will paid by a Chinese company( I will spend 100 days a year in China) who will pay my salary less their tax. Can I get tax full relief in the Uk
Thanks
James
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.
Hi.
You will remain resident in the UK for tax purposes under the Statutory Residence Test which you can read here assuming you return to the UK following periods of time in China:
https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt
The notes here may be easier to follow:
http://www.ensors.co.uk/documents/briefings/mercia%20briefings/statutory_residence_test.pdf
Article 15 of the UK/China tax treaty deals with income from employment. As you will be working for a Chinese company and you will remain tax resident in the UK, your earnings will be taxable in both countries. However, under Article 22 of the treaty, you will be able to offset the tax you pay in China against the tax you pay in the UK on the same income. The treaty is here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/411443/china-dta-2011.pdf
I hope this helps but let me know if you have any further questions.

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