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bigduckontax, Accountant
Category: Tax
Satisfied Customers: 4797
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I am a South African. I work South African Company and

Customer Question

I am a South African. I work for a South African Company and am a full time employee. My role is in IT. I moved to the UK in the 2014 tax year. My company was happy that I worked remotely. My salary was paid into my bank account after deducting South African Income Tax.
Last year I was advised to submit a UK tax return and declare my earnings. I did this and paid the UK tax. I need to claim it back with a for under the double tax arrangement.
My question relates to the following tax year ending 5 April 2015.
I spent 206 days in the UK. I did several trips back to SA and returned in January 2015. Do I need to submit a tax return for the tax year 5 April 2015 ? If so does my earnings get apportioned for the time I was in the UK ?
Submitted: 2 years ago.
Category: Tax
Expert:  bigduckontax replied 2 years ago.
Hello, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question. If you spend more than 183 days in the UK in any one tax year you are liable to taxation on your world wide income and must submit a self assessment tax return. You must also do this if HMRC require you to make one. You claim for double tax relief when you fill in your UK self assessment tax return. You do not apportion income for the UK for the reason I explained; you are over the 183 day limit so are taxed on everything. Under the Double Taxation Treaty between the UK and South Africa the same income stream can only be taxed in one jurisdiction not both. Any SA tax paid by you is allowed as a tax credit against any UK tax liability. The treaty does not, however, protect you from differences in tares of tax. I do hope my reply has been of assistance.
Customer: replied 2 years ago.
Hi Keith,Thank you for your reply.I would have thought that once someone leaves the UK then the salary received in your home country while working there is not taxable. I am not a UK citizen but in an SA passport.Thanks
Expert:  bigduckontax replied 2 years ago.
It is your presence in the UK which triggers the tax liability irrespective of the location of the emoluments and your nationality. Remember that under the Treaty your income stream is not taxed twice tbrough the medium of tax credits.
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Expert:  bigduckontax replied 2 years ago.
Last post should have been an answer!