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bigduckontax
bigduckontax, Accountant
Category: Tax
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I am nthat I am not resident anywhere purposes as I

Resolved Question:

I am nthat I am not resident anywhere for tax purposes as I travel and work offshore from the UK as a consultant. I own a house in Central America but am not resident there. I have spent no more than a few weeks in the UK in the last 25 years. I do however give my parents UK address for bank account purposes. Can I get a clearance from HMRC that I am tax exempt/not liable?
Submitted: 1 year ago.
Category: Tax
Customer: replied 1 year ago.
p.s. I raise the question as my Lloyd's offshore bank has sent me a tax residency self-certification form for individuals/sole traders...I am not domiciled UK but it is my only citizenship.
Customer: replied 1 year ago.
Apologies typo's!!
Expert:  bigduckontax replied 1 year ago.
Hello, I am Keith, one of the experts on Just Answer, and pleased to able to help you with your question. There is a possibility that with your British Citizenship, your use of your parent's address and your UK type bank account, HMRC may deem you to be liable to UK taxation. Remember they nailed Lord Haw Haw as a traitor although he was an American citizen because at one time he had held a British passport! You simply cannot be without tax liabilities to some country or another and you must have noticed a world wide movement against tax exiles from many states which perhaps explains Lloyd's inquiry on your offshore account. British tax law deems that if anyone is in the UK for over 183 days in any one tax year they are liable to UK taxation on their world wide income. Although you do not come into this bracket you may still be caught; you must be taxed somewhere. If it is not the UK then presumably be the Central American country in which you have your sole or main domestic residence. I would suggest that you would be well advised to send a Form P85 to HMRC if you have not already done so. Fortunately there is no time limit as to its submission, it is available on the web and can be filed on line. You could date it to the date you originally left the UK and on receipt HMRC will classify you as non resident. Once so classified you can spend up to 91 days in the UK in any one tax year without risking your non residential status. I have not considered your tax position in your Central American residence; of course it might be much less than any similar UK liability. I do hope that you have found my reply of assistance.
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Expert:  bigduckontax replied 1 year ago.
Thank you for your support.