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TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15916
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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My husband is not resident in the UK. Myself and my son split

Customer Question

My husband is not resident in the UK. Myself and my son split the time between abroad and UK, I do not work however I have sufficient ties to be classed as UK resident. My husband transfers money from his overseas earnings to our joint account in the UK to pay off mortgage and also to cover our living expenses when we are in the UK. He also gives me cash. Do either myself or my husband need to declare this on our tax return, if so how? How is this treated by HMRC? Is there a limit to what my husband can remit to the UK?
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.
Hi. If your husband is not tax resident in the UK, maybe because he works abroad and meets the criteria to be treated as non-UK resident, and he sends money back to the UK for you to pay living expenses etc, then that is not taxable on you or your husband in the UK. Many non-Uk residents send cash back to the UK because they have a mortgage to pay for example. The mere fact of sending it back to the UK does not make them UK tax resident. There are no limits as to how much money your husband can send to the UK. Take a look at the flowchart here for a quick guide to UK tax residence. I hope this helps but let me know if you have any further questions.
Customer: replied 1 year ago.
Yes, he works abroad and is established as non-resident. I am just confused as I have been reading up on the remittance basis section and I thought I had to declare my foreign 'income'. So neither of us need to declare any transfers to the UK cash or otherwise and there is no limit, so in theory I can do as I please with the money he gives me, I could pay off mortgage and purchase property in UK, I can transfer into my sons account?
Expert:  TonyTax replied 1 year ago.
The remittance basis applies to non-UK domiciled people (foreigners) who live in the UK and have foreign income which they can avoid paying UK tax on, at least for the time being, by not bringing it into the UK. Your husband is not UK tax resident so the remittance basis does not apply. You can do whatever you want with the cash.
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Customer: replied 1 year ago.
Thank you Tony, it is a surprising but welcome answer. I expected we would have to declare and that there would be a limit i.e. Up to my personal allowance for example.
Expert:  TonyTax replied 1 year ago.

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