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Sam
Sam, Accountant
Category: Tax
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I am a freelance artist without a permanent home (i

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Hello, I am a freelance artist without a permanent home (i travel to wherever i work or where I train or create, often spending a lot of time and effort on unpaid projects or also working on the street) and I have been abroad and working abroad quite a lot.
I have had troubles with mental health and I have not dealt with my paperwork as I should, if I had done things straight I would have reported that I moved from the UK already during last tax year. It has given me panic attacks but I just have not dealt with it.
Now, deadline for self assessment online is on sunday. What happens if I tell that I moved abroad and that I did not have in the UK during last tax year...??
Will I be punished for not telling in advance, or for not telling earlier at least?
Do you know how much the fine would be for that?
Best regards ***** ***** in advance for your reply!
Submitted: 1 year ago.
Category: Tax
Expert:  Sam replied 1 year ago.
Hi
Thanks for your question- I am Sam and I am one of the UK tax experts here on Just Answer and sorry to hear that your health has been a strain on you keeping up with all the paperwork.
You would still have to file the tax return I am afraid the fine initially will be £100 for the late return then a surcharge of £100 in six months time then a daily penalty of £10 starting from April 2016
So you MUST get the tax return is - could I help at all - maybe we could see where you are at - or maybe ask a local accountant to assist?
The things you need to think about are
Have you registered to file online
Do you have an idea of what you earned from 06/04/2014 to 05/04/2015
Do you have an idea of what expenses you spent out to earn that money?
What dates did you go abroad during the year - have you evidence of this
Thanks
Sam
Customer: replied 1 year ago.
Hello, thank you for your concern and for the reply.But no... No, I will not file the return late. My question is NOT regarding the fine for filing a late return. My primary question, as I wrote, is regarding the rules for not having announced to the UK that I have moved abroad. Although, I haven't properly moved really, because actually I HAVE NO PERMANENT HOME: so, I fall outside of boxes and I don't know how to handle my situation in a good way. I am struggling with stress disorders, and my private economy is very poor, and so I really wish to avoid fines if possible.
So, again, my question is: What are the rules regarding moving abroad - can I do that retrospectively??? I know I should have announced in advance, but I didn't know in advance and I didn't deal with this when I had been primarily away from the UK for some time either.
I did work in France. I did apply for a national insurance number there, but I do not have a permanent home and I am still in the UK as well, as my contact net is active there. But I have not earned income in the UK for quite a long time. I did not tell the UK I "moved", as I am constantly traveling. If I announce a move now, can I set that back in time?? Will I be fined for not telling in advance?Oh ok, how does it work if I call you instead... Do the charges increase?
I need to keep the costs down as much as possible, but oh I also do need help...
Customer: replied 1 year ago.
(clarifying; I did receive a french national insurance number, and I have earned money in france. I have not yet filed a tax return there, although I have no clue as to whether I should have. As I said, I have been very bad with all my paper work. I wish to not make it worse now though.)
Customer: replied 1 year ago.
And by the way, no I don't have evidence of when and how I have been traveling. Car, and car-pooling, and I haven't kept records myself.
Expert:  Sam replied 1 year ago.
Hi
Thanks for your response
Then you you can advsie HMRC retrospectively by completing form P85 - link here for that form
https://www.gov.uk/government/publications/income-tax-leaving-the-uk-getting-your-tax-right-p85
You need to determine which date saw you lave the UK for a more definite period (rather than the fact you have been in and out of the UK on and off and still continue to do so so I did not address this as I do not feel you qualify for having left the UK in any way that would affect your overall tax position in the UK)
Once an individual has left the UK to live and work for an indefinite period of time - can any of their income be disregarded for UK tax purposes and not be declared to HMRC which means you still need to complete self assessment to date so far. And.
Based on what you advise has taken place and what continues to take place you do not fall into any sort of non residency remit where you even need to tell HMRC of any time abroad, as you will at this time continue to remain liable to tax on worldwide income and then any French tax you might suffer then you can have offset against your UK tax liability.
I appreciate that you have no permanent abode, but its about physical presence in the UK that determines how HMRC view you from a UK tax perspective.
I think you need to deal with the following
1) get the 2015 return in on time
2) List your days in and out of the UK during that time and if you spent more than a full tax year out of the UK - which does not seem to be the case - then this has no affect on you or HMRC so there is no need to advise anything retrospectively UNTIL you get to a time that your move abroad is one that sees you having no intention of coming back to the UK apart for the odd visit (which MUST be less than 90 days NONE of which are for work)
3) Determine a c/o address so HMRC can attempt to communicate with you. as part of this process is bring all matters up to date will be more effective with some address that has a permanence - so a friends or a relative or a PO Box.
I am afraid a telephone call with cost extra - so we can keep chatting via this thread - but due to lateness of the time - I shall soon need to get some sleep as its that time of year (31st Jan) and I have been working non stop every day since Xmas - so asleep is essential to manage the next days planned workload!)
I cannot comment though on your French commitments you will need to seek some representation in France to advise you what your obligations are there.
And the fact you are not sure when you have been in France seems will have no bearing at this time as advised above so all income and expenses need declaring.
So with all this in mind are you able to get the tax return filed ready for in time by Sunday?
Customer: replied 1 year ago.
Thank you so much, this was a lot more clarifying.Yes, I will get the tax declaration in on time although I am still not exactly sure how to write what, mostly regarding which date to set as the date that I "left" the UK. Since everything is overlapping, and everything in my life is unclear in regards ***** ***** (nothing is regular, I have no clue where my next period of work will be etc) and it's only retrospectively I can see how things were. Although not even then is it clear which boxes I fall under, often I am a living exception to rules.
I do know it depends largely on how things are angled how they are judged, and therefore I wish to know more about my rights and responsibilites so I know how to declare my situation in order to avoid potholes that I could fall into.I suppose I shall at least fill in that form that you sent me, and try to set some date retrospectively - the date when I was granted a national insurance number there and allowed them to deduct tax from my work there? But this date, I believe, was in Dec 2013, and after that I have been back at home in the UK and so for last year's self assessment I did not declare I had moved and I did declare some income, although not big amounts of money. I did not declare incomes abroad though in last year's tax return. After this I have been working in France again though, so even if I didn't have a home there I have been having my incomes there. Which I should try to count up and declare now in this year's tax return under "income abroad" i suppose. Although the tax years run differently there and here, in France the tax year is a calendar year, so I'm not sure how to count really.
How to do with this overlapping period of dates....?
I simply don't know which date to set, and what I wonder is how bad is it in the law of the UK that I did not tell the UK straight away that I was working abroad?2: List dates in and out of the UK... Yes, I can make something approximate up, although I do not have proof of this. Is that ok? And since in the last tax year I haven't been home to work, are there certain amounts of days that I should be here or there in terms of residency, and I risk double taxation...?3: Address is not a problem, I do already have one at a friend's place, although I do not rent there in person.Another question is that I might have a rest of an unpaid fine towards the UK, from not rnewing my working tax credits on time once a loooong time ago, that year when I started having mental health problems and I simply missed the deadline, had to pay back my working tax credits since several months and I simply couldn't (paid that debt from my overdraft on my bank, where I am still several hundreds of pounds in the minus due to this). Most of the debt has been paid off, but not all of it. Think there's something like £200 left, but I haven't heard anything about it in years and years so I don't know what the status is on that.
If I were to announce that I move from the UK definitely, will i immediately receive a bill on this do you think...?
I would have to keep my bank account in any case, because I cannot pay back my overdraft.I understand you need to sleep. Is it possible to pick up the thread tomorrow instead of you replying now, or would I need to open a new call in that case? I have something like a weeks free trial, don't know if this counts in some way?Thank you so much for your help! It really does help with keeping the panic attacks over this at bay.
Customer: replied 1 year ago.
Don't know whether I should say that I have left the UK, and apply to come back the day that I have bigger work here again, or whether I should claim some kind of double residency and keep my bills open both in the UK and in France...???
I do need to arrange my life so I keep paperwork to a minimum though, seeing to how badly I fail at it and how much stress it causes me.Another complication might be that I am not british, I am swedish. I came to the UK in 2003 for my studies initially and then I stayed, although I have been traveling since my professional life started upon my graduation in 2006.
I have not declared any incomes in Sweden for a while though, and I have asked for no benefits anywhere since that bad story with my working tax credits in the UK... so it should be alright I believe.
I do have an address in Swede as well, and my car is registered there. Although no, I do not "live" there...
Customer: replied 1 year ago.
Question: for this overlapping period of dates in and out of France and the UK, and depending on how well I manage to run the situation now - Do you think that HMRC would put effort into checking everything up? Would I have to be able to prove my travels and incomes?Explanation; I have been earning some of my incomes as a street artist and I do not have contracts to show.
I have just declared them as income in the UK.
Otherwise for last year I did not even try to make things as properly as I could or should, all my energy went into trying to survive all in all, quite literally.
So now I need to keep declare things in a good way and avoid trouble as much as I can.- How is it with punishments and mental health trouble, if I have papers from some doctor or psychologist, can I be excused for not having done things as properly as I should have..??(less important, not priority for you to answer: And since I have been way under the limit for having to pay tax on my incomes, I have not been counting my expenses for years.
I did not plan on doing that this year either. That should be ok, right...?
But, if I should declare my earnings abroad maybe I should try to sum up expenses, in case I risk double taxation maybe it could decrease what I would have to pay.
Feels like such a big task to even think about expenses though that it might be worth trying to pay a bit more in tax.)
Customer: replied 1 year ago.
Sorry, re-reading your reply, and I see that I am quite messy in my thoughts and in my communication. I am a bit stressed, and I excuse myself. There are a lot of things tumbling around in my mind and I find it tricky to keep it all straight.I understand you meant I should NOT fill in the P85, but just continue to keep my address in the UK, and file my self assessments whilst declaring what I earn abroad. Until I get into another situation in life where things change for something more definite.
- Is that correct? Is it ok to be resident in more than one country (suppose it's fairly uncomplicated since it's within the EU)?
But does it mean I risk double taxation...?I understand you have disconnected for the day. I leave my computer on during the night, for this to possibly remain open also tomorrow.
Thank you for today and best wishes!
Expert:  Sam replied 1 year ago.
Hi Thanks for your responses - sorry I did not reply until now but I was in need o some sleep. I agree this is all over the place - so lets take it one element at a time - would that help? If you are agreeable then lets look at your concerns regarding in and out of the UK forgetr what work was earned where - lets just look at your physical presence. You state you are in and out of the UK so tell me this, are you currently out of the Uk and when did this last departure take place? (This is just to get the position established although will not affect the tax return you are tying to complete but lets start at the end - which is now- then work back to then)Do not use the date you were given the National Insurance number to fill in form P85 as I imagine may have then be back to the UK several times since then - lets just forget everything else other than the question I have asked in this response.Then I see you are Swedish - which will affect everything - but we ned to take this in an ordrly fashion so I can help you help process this :) We just need to achieve two things1) Get the self assessment return completed with your time in and out of the UK established to see how this might affect completing the form2) Help you see from 06/04/2015 - how you manage yourself for UK tax purposes, by furnishing you with sufficient knowledge of double taxation, residency (so where you are taxed and when) so you can manage you life with tax being the last of your worries! Thanks Sam
Customer: replied 1 year ago.
Hello!Very glad to wake up to you response, thank you! Of course you needed to sleep. And now it's saturday, so of course you will also need to do other things (and me too). But the replies can bounce, only perhaps at a slightly slower pace.Yes, of course it's a very good thing to look through things one at a time.Ok...
1. Yes I am currently out of the UK (and I should be coming back in a bit more than a week, for a couple of weeks or so unless my mother's cancer turns out to develop hastily towards the worse).
Last time I left the UK was in the end of september or beginning of Oct -15.2. Yes... this is very good to look at... So I know how complicated life will be if I keep my bills open in more than one country, or whether I should try to settle everything to France in order to avoid double taxation and extra paperwork...Thank you!
Expert:  Sam replied 1 year ago.
Hi
Thanks for your response this give us the basis on which to see your "movements" into and out of the UK
So looking at this latest position - you left the UK End Sept 2015/beginning of Oct - and then plan to come back Feb for a couple of weeks or so visit - so this bodes well in terms of how HMRC can treat you for tax purposes.
At this stage using Sept/Oct 2015 as the template - HMRC would need you to remain living AND working out of the UK to at least beyond 05/04/2017 which then would span over at least 1 full tax year (which runs from 6th April
And they also would need you during this time to spend no more than 90 days in the Uk on visits - none of which can be for work purposes.
So we then back track this furtehr
1) What time did you spend in the UK from 06/04/2014 to 05/04/2015 - and of those visits did you earn any income from the UK
2) Thenw e also look at the period 06/04/2015 to End SEpt/beginning Oct 2015 to review this correct tax year.
I know you have not kept records - but we need to establish did you spend more time out than in - can you recall specific trips due to the occasion behind them - either back to France or in the UK
Then we can start to build up a fairly accurate picture which helps me help you complete the self assessment return by tomorrow.
And yes - I agree lets dip and out of this over today and tomorrow so we can allow life to resume its pace with the usual routines and obligations coupled hopefully by some time out in the sunshine that appears to be pushing its way though the clouds!
Thanks
Sam
Customer: replied 1 year ago.
Yes, sounds good!These dates are what I'll try to figure out during the day ( I have my sister to help me push me through, luckily.....).I actually think that during last tax year, I might have been in the UK less than 90 days and NO, I did not earn any income from contracts during this time (then, income from street performances is a different matter as I can "choose" where to declare those - if I "live" in the UK and need to keep my UK self employment active I could declare it as UK income, but since it's only small amounts of money of course it doesn't arrive to tax levels anyway... and so to keep it simple I suppose it'd be better to keep all my earnings in France also during last tax year - there are organisations working with street performers there so I can talk to them).In any case for this running tax year and my residency until the 5th of April 2017, I will not be long periods in the UK and I do not have major contracts coming up there as it looks right now (if minor contracts come up, I can invoice from France to keep things simple). So for this tax year I should be able to state that I have not been in the UK enough to be taxable in the UK.
So regarding avoiding double taxation for last tax year and this tax return I suppose it's good if I am able to state that I have NOT been in the UK to live for long periods of time then either, and certainly haven't worked?I will also try to figure out how much I have earned in France during last UK tax year. Regarding this, in order to get the numbers right... I suppose I will have to track back month for month and sum it up to make it correspond with the UK tax year, since the french otherwise sum up their tax year according to the calendar year. Not that I am sure if I have any summaries that would help me with counts for that year anyway...
And I suppose the number that I should state in the Self Assessment is the earning in France BEFORE tax and social fees were deducted...???I will need to go away for a little while soon to buy food and so on, but I will be back on the case again later, hopefully with a clearer picture on both travels and earnings.All the best and thank you again, this really does help a lot with sorting myself out!!!
Expert:  Sam replied 1 year ago.
Hi Thanks for your response Then this sounds promising for last year - and the self assessment will still need completing but you need to think about the dates in and out of the UK - and if you did spend less than 90 days in the UK during the period 06/04/2014 to 05/04/2015 -and none of them saw you earning any money then the completion of the self assessment 2015 is going to be very simple - and yes - then you just have the French tax position to move forward on - where you advise there is help and support. If I dont hear back from you this early part of the evening then I will be online early tomorrow morning for any later response Thanks and have a great evening Sam
Customer: replied 1 year ago.
Hello!You will see this in the morning, now I will go to sleep. I've been very busy the whole evening and half of the night looking back at old records and digging out old papers from work in France to be able to count up how much I've been earning there...
So; the travels are definitely less than 90 days. It's 4 or 5 ins-and outs during this tax year, and the longest was for about three weeks but the other ones were much shorter, twice it was only for a couple of days.I will get on with this tomorrow, to make sure the self assessment gets in on time. I would be very glad to ask you for help with putting things correctly into the form...
But since it's very late at night now, I won't get up at 7am, I will rather start working on this again by lunchtime.I hope you get a good night's sleep!
Expert:  Sam replied 1 year ago.
Hi
Thanks for your furtehr response and I slept well - today is mop up day for all the last minute submission of returns for clients - so going to be long one! But that means I will be available all day as never too far from the computer - so we will get this all wrapped up for you in time.
WE may have one issue though - I assume you are going to use HMRCs free online services and as you will need to complete the residency part if the tax return - it will not support this - so we have two ways this can be resolved
1) Get you to file the return by paper - it will be late and will incur £100 penalty but we can get you to appeal this
2) You pay for and down load some third party software which will cost but less than £100 penalty and will allow you to file this return today.
I should also advise as per Just Answer policy they will expect me to ask you to pay for additional services to assist you with the tax return completion as this is over and above the original question thread - but as this is your first time on Just Answer., and I also know what a huge step this was for you, getting in the right head space to get this done perhaps we can sort something out to minimise too much additional cost to you.
I will await for you to come online later - but it would be very much appreciated if you could rate me for the level of service I have provided so far
Thanks
Sam
Customer: replied 1 year ago.
Hello!Yes I understand this is a day more intense than others for you, with the deadline coming up...I totally understand your point about payment and service. It's good that we communicate about it. Of course I will want to rate you for the level of service you have provided so far, and of course it will be good to know approximately how much more that will already be....
I suppose that the "free week of trial" does not count for this kind of service you have been giving me, and I also really want you to get money for your engagement - you have been helpful and kind and I am very grateful for this. Just to have somebody to talk to in the other end has saved me from total psychological breakdown and it feels very good to at least try to clear things out instead of making my situation worse.
I suppose I should not ask for help with filling in the actual return, but rather use your advise and fill it in from my own, but now more enlightened understanding.
And then the question is whether I can ask you for more advise or if I should be on my own from now on... (mixed feelings about that, economical stress vs administrational panic ; )In any case, all the options are complicated since I have not dealt with it in advance.
Question is which option is the best from official viewpoints and which that is the least complicated.Q - If I do use the commercial software, will I not risk getting fines anyway...??I have been glancing at the HMRC website, I see there is a long list of suppliers and it feels like a jungle that would suffocate me if I even try to enter :-(. First finding one, then learning how to use it, and make it good... My head is boiling already, but I do some breathing exercises and keep it at bay.Q - Do you have any recommendations on which to choose??
Are they all as good, and priced approximately the same or does it vary a lot???
Are they easy enough to use so that I will manage by myself or is this another new, big and complicated task??If the price is close to £100 it would hardly be worth it, but if it's under £50 then it could be the good way I suppose.I do wonder though about this thing of changing residency. I am afraid to announce my move from the UK since it regularly pops up calls for artists "only resident in the UK" etc, and since I am very flexible with where I am, if good work comes up in the UK that's where I would be. Scared to cut out of my working opportunities since the freelance market is already hard.
And its's only retrospectively I can know where I was mostly, but I think it would be very complicated to deal with several countries.
"free mobility" within Europe is not made for modern freelance gypsies..... Or we have to be professionals at paperwork in multiple countries...Q - Is it hard to "revive" my residency?
(If I announce move of residency now but then would want to take on a contract for UK-based artists...)Can I claim double residency in some way to kind of keep up my ability to work in the UK although in retrospect it's clear that I didn't during last tax year?
But then I might just tangle myself up, right now in terms of mental health perhaps I should just try to minimise everything and try to make things as good as possible to not have to dispute anything later on. And I can't afford risking to pay a lot of money (double taxation and fines or even to connect to a personal accountant permanently I think) since I am already struggling with daily survival.I mean, the other option as for the Self Assessment today is that I claim my continued residency in the UK (out from my somewhat unclear situation), and file the return with the free online service, but give an explanation under "comments" and then continue to see to it depending on how HMRC responds to that.
Might be complicated though I suppose.All the best, ***** ***** more thank you for bouncing back, it really does save me from falling into emptiness inside a black hole.
Expert:  Sam replied 1 year ago.
Hi
Thanks for your response
I am afraid the free week trial does allow you to post as many questions as you like for the week but this would be questions that are dealt within a few minutes - and then another independent question posted as anew question and so so and so forth - and yes this thread so far has already gone way beyond Just Answers expectation of how the service is designed to be used.
So lets look at your questions
Q - If I do use the commercial software, will I not risk getting fines anyway...??
No- as the third party software will allow you to download it today and file by midnight tonight so you meet the deadline (and of course can allow the Residency part of the form which HMRCs free online services will not) and as you already have your online user ID and password ***** then you just use these to file.
I have been glancing at the HMRC website, I see there is a long list of suppliers and it feels like a jungle that would suffocate me if I even try to enter :-(. First finding one, then learning how to use it, and make it good... My head is boiling already, but I do some breathing exercises and keep it at bay.
I get that totally so maybe just filling in the paper return is an option and deal with the £100 penalty later - by paying little at a time?
Q - Do you have any recommendations on which to choose??
Are they all as good, and priced approximately the same or does it vary a lot???
Are they easy enough to use so that I will manage by myself or is this another new, big and complicated task??
I am not in a position to endorse any of them as I have never used any of them - but I Tax Calc is said to be easy to use - and your tax return content will be so little anyway.
If the price is close to £100 it would hardly be worth it, but if it's under £50 then it could be the good way I suppose.
I thinl some of the prices are around about the £30 to £50 mark
I do wonder though about this thing of changing residency. I am afraid to announce my move from the UK since it regularly pops up calls for artists "only resident in the UK" etc, and since I am very flexible with where I am, if good work comes up in the UK that's where I would be. Scared to cut out of my working opportunities since the freelance market is already hard.
And its's only retrospectively I can know where I was mostly, but I think it would be very complicated to deal with several countries.
"free mobility" within Europe is not made for modern freelance gypsies..... Or we have to be professionals at paperwork in multiple countries...
Just because the tax position sees you as not being resident for any or more than one year does not mean you are jeopardizing your position - its merely a status to allow HMRC to establish how to treat you for UK tax purposes for any one year.
Q - Is it hard to "revive" my residency?
(If I announce move of residency now but then would want to take on a contract for UK-based artists...)
Of course - truly its just a terminology so HMRC can determine how to treat you for tax purposes
There are some people that remain with family and home in the UK - but there particular job sees them out of the Uk for more than 275 days - now they treat the UK as home as that where the family is) and they come home say one week out of every 5-6 weeks BUT are treated as not resident for tax purposes !
Can I claim double residency in some way to kind of keep up my ability to work in the UK although in retrospect it's clear that I didn't during last tax year?
NO need as explained above
But then I might just tangle myself up, right now in terms of mental health perhaps I should just try to minimise everything and try to make things as good as possible to not have to dispute anything later on. And I can't afford risking to pay a lot of money (double taxation and fines or even to connect to a personal accountant permanently I think) since I am already struggling with daily survival.
I mean, the other option as for the Self Assessment today is that I claim my continued residency in the UK (out from my somewhat unclear situation), and file the return with the free online service, but give an explanation under "comments" and then continue to see to it depending on how HMRC responds to that.
Might be complicated though I suppose.
No that IS an option and to be honest if your income is less than £10000 for the year - then we can get you just to file the return and forget time in and out of the UK at all as either way you are entitled to UK tax allowances due the fact you still qualify - see this quoted from the resdiency page
you are a British citizen or a national of another member state of the
European Economic Area (EEA). The EEA member states are: Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway,
Poland, Portugal, Romania, Slovak Republic (Slovakia), Slovenia, Spain,
Sweden and United Kingdom
So a claim for personal allowances either way will not create a new problem due to the fact you are Swedish
I am around for any furtehr response you have
Thanks
Sam
Customer: replied 1 year ago.
Hello!Shortly to link back on situation; because it has changed for the probably much simpler.
I got hold of a technical advisor at HMRC, who advised me that first of all I needed to do their Statutory Residence Test, and if it the outcome of that was that I was not resident in the UK for the tax year of 14/15 and that I had no income in the UK, I could simply cancel the need of filing a tax return all in all.
They can do the cancellation over the phone if I call them, but I need to have completed the test beforehand.
If I had known this and had already done the test, he could have done the cancellation straight away... But now since I didn't and so hadn't done it - and there was not much time left before they would close for today - he advised me to do the test and then call to do the cancellation tomorrow.When I got to know this, I left the computer for a pause. Well needed, I was up until 4am this morning and 3am the night before... and have been on the case for most of yesterday and all of today, and friday evening...
Now I have eaten and I will do the test.
If it turns out that I against all odds fail the test, then I will buy I Calc Tax and file the return through them. But I hope and think that I won't have to do this...I will connect back to you once I am through the test.This whole thing is good for you to know about though, should you ever be in touch with somebody whose residency is at doubt... Also for anybody who's spending time in and out of the UK, and work abroad, as this Statutory Residence test is the first step to count towards split year things.Oh, if we had known this from the beginning, so much time, energy, hassle and inner stress we would have saved! And money, in the world where time is money...
Of course everything is not easy to know from the beginning, and I have a slightly out of the box image so I'm rarely a clear case of anything...
But since this is the FIRST step wregarding residency questions... Well you should know about it, and now you do, and that's good!
I still really do appreciate you being so kind in your tone, you have been comforting.Ok, more about the continuation later!
Best / K
Customer: replied 1 year ago.
PS, I also DID call the HMRC on friday, but didn't get through to a technical advisor then but only spoke to somebody who had a much more general training and couldn't give specific advise. This person agreed my picture was not clearcut, but said the best thing I could was probably to fill in the return as best as I could and leave an explanation, and then call back in the week to see if it needed amendments....... And that's when I panicked and started searching the web for expert advise and found Just Answer. Shame this person didn't know about the Statutory Residence Test either... But that's as it is now.
Ok, to the test. More later.
Customer: replied 1 year ago.
guide; RDR3 on the HMRC website.
Expert:  Sam replied 1 year ago.
Hi
Thea advise you have been given is not correct - you need to file the 2015 return - and had this been the case I would have advised you of this and saved you time and stress
I worked for 26 years for HMRC and still provide educational workshops and consult on all tax matters for accountants and individuals such as yourself - so my expert knowledge also extends to residency.
I have already told you you will be treated as not resident which is what the statutory tests will tell you - and that is why I have been asking you questions regarding your time in and out of the UK to determine how you would be treated - and the RDR3 replaces the HMRC6 - which first introduced the new statutory tests.
However you have been sent a notice to file the return and therefore it has to be completed as you need to advise HMRC with evidence of your time in and out of the Uk as you failed to complete P85 for them at the time which allowed HMRC to determine your residency position at that time - so they need an official notification of this which is why you still need to complete the tax return
But I shall leave you to try to get HMRC to accept the figures and information over the telephone tomorrow -
Perhaps you could rate me (or click accept) for the time I have spent on your question trying to help - this will ensure Just Answer credit me for the time I have spent trying to help you
Thanks
Sam
Customer: replied 1 year ago.
Oh dear.. How can a technical advisor on the HMRC not give correct advise....... So hard to know what to believe in this world!!You seem very credible though indeed.Deep sigh... I really believed that technical advisor, and I have been set on calling the HMRC tomorrow to follow his advise. But now it seems I should really follow your advise and file the return to avoid fines in any case.
Should just have remained in the dark and received the fine instead of trying to sort this out with you, in terms of sheer money, haha. But then knowledge is always making things better, as long as it's proper knowledge (that tech. adv. would need some more education then considering his position)Oh. Ok. Pulling my hair and getting on with it.
How does the payment for you work, how much extra charges will there be...?? Do you count per question asked (I should have asked this at the beginning and maybe asked less. Did count on the weeks trial, maybe stupid of me. The website should not advertise for it if it's not viable though - of course you need to get paid for work but the organisation should pay if they offer trials)
Customer: replied 1 year ago.
ONE thing that's very tricky though is that you say I will need to provide HMRC with evidence of my in- and outs of the UK, and I really don't have evidence since I have no i e flight tickets, have been traveling with shared car-rides.
How do the act about that???
Customer: replied 1 year ago.
And honestly, CAN they fine me for not filing a return after one of the technical advisors have advised me that I DON'T NEED TO DO ONE when it's clear I was not resident in the UK during that tax year, even if he was wrong about it?
Customer: replied 1 year ago.
oh, and now I did ask two more questions. But it'd be worth knowing about the fine, because I'm so tired and despaired that I don't know how to pull through filing a self assessment now. And £30 feels like a lot of money :-(.
Although £100 is a lot more, and I yet don't know how much more I will need to pay to you. Tell me about it...?
Expert:  Sam replied 1 year ago.
Hi I suggest you see if you can get this one adviser at HMRC to honour what they offered you, but this is not correct or normal procedure, if it was I really would not have wasted yours or my time with the time this has taken to find a workable and manageable solution for you, so please be aware of that. And as you plan to come back to the UK now and again to take up work, this is why you need to remain in self assessment to declare that income (from which there is unlikely to be any tax due, as you will be entitled to UK to personal allowances) Through our conversations - I have offered you an answer that looks at the whole uncertainty of what you will or wont do - the fact you are now able to produce any evidence of the dates in and out of the UK, so how you can undertake the statutory tests with any certainty to be sure that you do not need to complete a tax return for the periods 06/04/2014 to 05/04/2015 (which is the one now due) and then you have the period 06/04/2015 to what will take us up to 05/04/2016 - and then any future tax years to consider. You dont need to pay me anything more - you just need to rate me or click accept so I am paid for the work I have done so far (which comes from what you have already paid when you first asked your question)Then as HMRC are willing to bend the rules for you - take their offer and you are all done, and have nothing else to worry about.Just make sure that you undertake no furtehr paid work in the UK and your visits back do not exceed more than 90 days and when you do visit keep a record of dates in and out. Thanks and good luck Sam Thanks Sam Thanks Sam
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Customer: replied 1 year ago.
Hello,sorry I did not reply faster, I have had a full day of work literally without pauses (following this intense weekend with papers and computer and far too little sleep...)End of story; it seems it is not an abnormal procedure - I called yesterday morning and the new technical advisor just said "yes of course, that's correct" and cancelled my Tax return with no further wording. It took a few minutes.
I did spend yesterday evening trying to sort out the self assessment through commercial software. I bought Ftax since it was nearly half the price to I calc tax. I was then struggling with this software a lot, and then struggling with the return itself. The foreign pages are a nightmare, I don't know the terms, and I couldn't meet the deadline in any case. So at 1 am where I am, I gave up and went on with other tasks that had to be done before monday morning.
So after all, I was relieved I did NOT have to fulfill a tricky return after all, but I was completely worn out after all the work and stress trying...
What to do. At least it's over.They must have changed something in their guidelines that you have not been updated about. I appreciate there is a lot of things to keep updated about in your profession.
It is a pity that it was a lot of pulled hairs that could have stayed in, but I do appreciate your kindness and I know you have been doing your best, ***** ***** don't doubt your competence either. Now you learned something as well though, and knowledge is never bad or how was it...Yes, I will rate yo so that you get your basic pay and I thank you for your support and advising me as best you could, although not correctly in this case.
I wish you all the best!
Expert:  Sam replied 1 year ago.
Hi Thanks for the update and I am glad this has been done - but make sure you do not do any work in the UK - as its on this basis I feel you should have submitted the return and stayed on HMRCs radar Thanks and good luck Sam

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