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Sam, Accountant
Category: Tax
Satisfied Customers: 14194
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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I am a UK citizen currently residing and employed in

Customer Question

I am a UK citizen currently residing and employed in Bangkok, Thailand. I usually complete self-assessment returns in the UK and I have to date taken no action regarding my residency status.I left the UK on 10 August 2014. I completed a self assessment tax return
for 2014-15 and received a tax rebate from my UK employment earnings during that period. I did not declare myself non-resident and I had no overseas earnings this tax
year.In June 2015 I commenced permanent employment abroad. In 2015-16 tax year I
will have returned to the UK for approx 12 days.I believe it is benefical for me to claim non-residency, as the tax paid on my earnings in Thailand is less than the UK tax that would be due.Can I claim non-residency in my tax return for 2015-16 or do I have to complete form P85 in advance ? If the latter, how do I address the issue that I have not previously declared that I had left the UK.
Submitted: 2 years ago.
Category: Tax
Expert:  Sam replied 2 years ago.
HI Thanks for your question You should have completed form P85 for HMRC when you first left - residency or non residency isnt a decision you make - its based on facts of the physical presence in and out of the UK and you should also have advised this on your self assessment for 2015 by completing the non residency aspect of the self assessment tax return. I would suggest that you do complete form P85 now (and it will not change the fact that you had a refund for 2014/2105 - as this would have been correct anyway) and then HMRC may ask you in retrospect to amend the 2015 self assessment (but then may not as it does not later the tax position) Let me know if I can assist further ThanksSam