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Sam, Accountant
Category: Tax
Satisfied Customers: 7512
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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I need help completing a few tax forms for work i did in

Customer Question

i need help completing a few tax forms for work i did in Japan so they don't withhold tax. they seem complex (i am a ltd company) and the cert of residence wasn't enough for them. can anyone help?
Submitted: 1 year ago.
Category: Tax
Customer: replied 1 year ago.
I have completed them to best of my ability but need help to make sure i have ticked the right boxes etc on a couple of the forms.
Customer: replied 1 year ago.
These are the forms i have completed and need to check if correct.
Application Form for Income Tax Convention : Form 6
Attachment From for Limitation on Benefit Article Form 17 (UK)
List of Members for Foreign Company: Form 16
Expert:  bigduckontax replied 1 year ago.

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

For how long were you in Japan working? You appear to be completing the wrong forms; companies are liable to Corporation Tax (CT), not Income Tax (IT).

Any tax with held in Japan from your limited company is, under the Double Taxation Treaty between the UK and Japan, allowed as a tax credit against UK CT liability.

Can you shed a bit more light on your question, who issued you with these forms?

Customer: replied 1 year ago.
my client sponsors sent them over on advice from their tax contact in Japan. These forms as attached are what i have to complete apparently..(as a limited company).my clients said the following in their email :
Withholding Tax:
Regarding the tax exemption, as mentioned in previous email about the possibility of need for additional documentation (in addition to Cert of Residence), we were advised by Tax authority that it is required to prepare and submit the following documents to exempt you from withholding tax, based on the Income Tax Convention between Japan and UK.
Application Form for Income Tax Convention : Form 6 – duplication copy needed
Attachment From for Limitation on Benefit Article Form 17 (UK)
List of Members for Foreign Company: Form 16
All forms are attached. Please prepare these with your Tax advisor and return to us, otherwise we are obliged to withhold tax of 20% out of your teaching fee payment.
Customer: replied 1 year ago.
I worked there for a couple of weeks in August. I am due to return in February but unless i can get this sorted out, i won't go as i don't want to lose 20% of my fee
Customer: replied 1 year ago.
My own accountant has tried to help but he's unfamiliar with these forms. He sent me a duplicate of a client's forms who had been in similar position to me and said we could just copy that as a template but with my details. but there are so many boxes they didnt tick and so i am worried that if i send them and they are refused, i will need to start all over again
Expert:  bigduckontax replied 1 year ago.

Ah, Japanese forms, but if the tax is with held you can use that as a tax credit against UK liability. It is the same rate as UK CT anyway.

They look pretty straightforward to me, just cumbersome.

That I can understand, they probably know little more than you or I unless thay are a Japanese firm.

Customer: replied 1 year ago.
its been 3 months and i need to resolve this so i can be paid. they want a lot of money to help me do it via their own advisor so i don't want to take that option...
Expert:  bigduckontax replied 1 year ago.

Just complete as many boxes as you can. After all it is not a disaster if 20% is with held as this is allowable as a tax credit anyway.

Customer: replied 1 year ago.
thats not really an answer for me. the process sending, waiting and not knowing if they are correct is not the option i am looking for. i have already done what you suggest but i am looking for a definitive answer on which boxes i 'should' be completing to ensure they are correct.
Customer: replied 1 year ago.
also i worked in japan 2012,13 and didnt have to complete these forms. the Cert of Residence was enough. i don't know if this was perhaps because it was in my name and not the company name..
Expert:  bigduckontax replied 1 year ago.

which boxes on which forms are giving you problems?

Very probably, corporate life is invariably more complex.

Customer: replied 1 year ago.
first for context - my accountant said his other client submitted only :
Attachment Form 17
Application Form 6
Certificate of UK Tax Residency
so NOT list of members form 16.My confusion is as follows :Form 17 - how to fill it in - i.e. which bits to ignore and which bits to tick.For example point 3A : 1-5 - ie., which is Yes vs No. that's key as it then determines what else needs completing. i think it must be YES to A but not entirely sure.
And if i tick A1 do i still have to tick yes/no for parts 3A -2,3,4,5. or does ticking 1 make it complete?If i just tick 3A -1 as YES, then do i still have to complete part 3C on the 2nd page?FORM 6 - point 6 - do i have to complete that?And List of Members - is it right to leave that one out totally?
Expert:  bigduckontax replied 1 year ago.

Yes, but you did this work as a limited company so the list of members will be needed.

Customer: replied 1 year ago.
so can i check please - do what degree are you able to answer my questions above? I don't want to waste your time if you're not able to give any specific answers.. i am looking to resolve this - i have already had 'general' help from others and this hasn't got me anywhere...
Expert:  bigduckontax replied 1 year ago.

I am sorry you have just destroyed my last answer. I suggest No is the correct response to Box 3.

Customer: replied 1 year ago.
Box 3 has 5 different points to answer YES or NO to.... which are you suggesting is NO?
Customer: replied 1 year ago.
also, earlier you said i appear to be completing the wrong forms.- are you still maintaining they are the wrong forms? since this is what the tax person in Japan has asked my client to send me..
Expert:  bigduckontax replied 1 year ago.


That was when I thought that you had acted in a personal capacity, not through a company.

Customer: replied 1 year ago.
ok, it seems this route isnt going to work for me. I need someone to complete it with me and I am not sure this is what will happen via this conversation? If you are in a position to properly help me complete the forms - so they are 100% correct - , please let me know so i can decide how to proceed.