Paying Stamp duty on a foreign house purchase?

Paying Stamp duty on a foreign house purchase?

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King Herald

Original Poster:

23,501 posts

217 months

Monday 24th October 2016
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Alpinestars said:
What income are you declaring on your tax return?

If you're non resident, the sale of the property won't be subject to CGT in the UK. There are detailed rules on working out your residence position and it gets more complex where you have a home in the UK. Do you have a home in you UK and have you agreed non residence with HMRC?
I was declaring my US salary and rental income from the UK house, and I paid no tax as I was a seaman.

But, I retired last November and now have a small US$ pension, so next tax return will be the one that decides exactly how the future lies. Hopefully the house will be sold, paid for, and we will be back in the UK by the time the tax return for last financial year has to be in.

Berw said:
my lawyer was happy that as the uk house was our only uk residence and we may choose to live in the uk in the future we could sell it tax free as our residence. I am qualified as a uk accountant, and my position was when i got the answer I wanted I stopped asking, in the end we did not sell, as we may infact choose to return, i have a written statement from revenue saying I do not need to a annual return in the UK, dated 1996, and there is nothing there in my name, kids all have foreign passports, bank accounts are in wife's nane and she is not a citizen, and has allowed her residency permit to expire.
I think I need to speak to my UK tax lady, but she hasn't answered my last two emails.... I was back in the UK last month, for a week, should have gone in and asked then. frown However, at the time I wasn't planning on selling the house and actually getting paid in the UK.

King Herald

Original Poster:

23,501 posts

217 months

Monday 24th October 2016
quotequote all
Eric Mc said:
Do you have to complete UK tax returns at the moment?

Will you be selling the property BEFORE you move back permanently to the UK?
Yes, we plan to sell it before we move, but once we arrive in the UK we will then be considered residents I assume.

I thought it was going to be a smart move, getting paid in the UK, in pounds, from another UK bank, but now I'm thinking it may have been easier to get paid in foreign dingbats, in some remote corner of the world...... scratchchin

However, there is a goodly chance the English guy may not buy anyway, so wife will stay in the house in the Philippines until it sells, daughter and I will move back to UK to get her in the school system as soon as possible. She is 15, so it will be a trying time for her I fear.

Alpinestars

13,954 posts

245 months

Monday 24th October 2016
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If you're coming back to the UK, you'll have to navigate through the temporarily non resident rules to make sure you don't trip over them.

King Herald

Original Poster:

23,501 posts

217 months

Monday 24th October 2016
quotequote all
What are these rules, or how I can find out all the details? I know about not supposed to be using the NHS for free for six months, but we have our own health insurance already.

Alpinestars

13,954 posts

245 months

Monday 24th October 2016
quotequote all
King Herald said:
What are these rules, or how I can find out all the details? I know about not supposed to be using the NHS for free for six months, but we have our own health insurance already.
I don't have the law with me at the moment, but I think it's S10A TCGA 1992, and temporarily non resident rules are set out near the start of FA 2013 Part 4, Schedule 5.

Some HMRC guidance here.

https://www.gov.uk/government/publications/tempora...

King Herald

Original Poster:

23,501 posts

217 months

Tuesday 25th October 2016
quotequote all
Alpinestars said:
I don't have the law with me at the moment, but I think it's S10A TCGA 1992, and temporarily non resident rules are set out near the start of FA 2013 Part 4, Schedule 5.

Some HMRC guidance here.

https://www.gov.uk/government/publications/tempora...
Damn, that looks complicated, I'm lost before I begin. eekeekeek

I think I'll find some sand to bury my head in for a while, see if anybody comes and digs me out.

Alpinestars

13,954 posts

245 months

Tuesday 25th October 2016
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King Herald said:
Damn, that looks complicated, I'm lost before I begin. eekeekeek

I think I'll find some sand to bury my head in for a while, see if anybody comes and digs me out.
Just don't do it in Blighty!

Budflicker

3,799 posts

185 months

Tuesday 25th October 2016
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BlackLabel said:
Perhaps the Mods can move this to the Finance section, you'll get more replies that way.