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bigduckontax, Accountant
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I am a British citizen. I have been working away from the UK

Customer Question

I am a British citizen. I have been working away from the UK on intermittent contractual work for the past 13 years. I have no residence or income in UK.
I have spent less than 60 days in the UK in the past 5 years.
My offshore bank address I am using though is my parents address for convenience.
I have recently been approached by the bank asking which country I am a tax resident in.
I am not a resident anywhere. I am married and spend most of my free time in Thailand but I am not resident there.
Do I need to be concerned?
My work is as a security consultant, I am presently on contract in Libya.
Submitted: 7 months ago.
Category: Tax
Expert:  bigduckontax replied 7 months ago.

Hello, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question.

Firstly, when you left the UK did you complete a Form P85 and send it to HMRC of the Inland Revenue before the amalgamation? If you did not you should do so immediately. Fortunately there is no time limit as to its submission, it is available on the web and can be filed on line. On receipt you will be classified as non resident in the UK. Once so classified you can spend up to 90 days in the UK in any one tax year without breaching this status.

If you spend more than 180 days in Thailand in any one tax year you are liable to Thai Income Tax. The basics you can find here:

http://www.rd.go.th/publish/6045.0.html

This Thai rule is rather similar to a large number of jurisdictions world wide regarding the application of Income Taxes. Remember you must be resident somewhere for taxation, you cannot swan around the globe and not be taxed anywhere. Tax avoidance is now the subject of general international interest and your bank is probably protecting its back against future or even current inquiries from various authorities.

I m sorry to have to advise you that you are going to have to put your house in order and pick an appropriate location having regard to your circumstances.

I am so sorry to have to rain on your parade.

bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3106
Experience: FCCA FCMA CGMA ACIS
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Expert:  bigduckontax replied 7 months ago.

Thank you for your support.

Customer: replied 7 months ago.
Hi,
So busy at work here. Thanks for your answer and I didn't realize I could further my question.
You forwarded me the Thailand tax page, but it would seem that even if I were deemed a resident, then I could only be taxed on a "portion" of the money I actually bring into Thailand and not my salary.
I also don't fully understand that if I follow all the non resident rules in UK, (which it seems that I have) then I could be liable to tax anywhere..
Expert:  bigduckontax replied 7 months ago.

Well it does appear from the tenor of your question that you would be liable to Thai Income Tax, but as you say that only applies to income brought into the Kingdom plus any income from sources within Thailand. It appears that you are liable to Thai taxation so that covers the point I made that you must be taxed somewhere.

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