Tax Rebate Questions
Author
Discussion

Howitzer

Original Poster:

2,865 posts

247 months

Tuesday 5th August 2008
quotequote all
I may be in a position to claim my tax back at the end of this tax year so before I get over excited I thought I would ask a few basic questions.

To be eligible as "Out of the country" does that mean just away from the UK? So France, europe, norway etc etc are fine? There is no european rule that says europe doesn't count?

To apply for it, what is needed? Ticket stubs for flights and the odd passport stamp or any more evidence needed?

I believe you need to be out of the country for a minimum of 90 days, is this still true?

Any other things I need to be looking at now to prepare myself?

Dave!

Eric Mc

125,904 posts

296 months

Tuesday 5th August 2008
quotequote all
You need to become a non-tax resident for you to claim that you are not liable to UK tax. It doesn't matter what country you are based in - as long as it is not the UK.

To be completetly non-UK tax resident you must be out of the UK for 183 days or more with no continuous UK presence over 90 days. It all gets very complicated with certain types of days being ignored and certain days being included.

However, if you are out of the UK for any periods exceeding 90 days AND YOU ARE NOT BEING PAID BY A UK BASED EMPLOYER during that period, I would write to the tax office after 5 April 2009 explaining the situation and they may be able to sort out a rebate for you - but only if you actually paid excessive UK tax for the year.

Howitzer

Original Poster:

2,865 posts

247 months

Tuesday 5th August 2008
quotequote all
Ahh I wasn't aware of that, I am paid by a UK employer.

Which scuppers my chances no doubt?

Dave!

Eric Mc

125,904 posts

296 months

Tuesday 5th August 2008
quotequote all
It depends on how they treat you. Are they treating you as a UK based employee or an overseas based employee? They are legally responsible for calculating your tax correctly under the PAYE system. However, many employers err on the side of caution and continue to deduct PAYE and NI even when it may not be applicable.

I'd still write to the tax office after the end of the tax year.

r1ot

733 posts

239 months

Tuesday 5th August 2008
quotequote all
Eric Mc said:
You need to become a non-tax resident for you to claim that you are not liable to UK tax. It doesn't matter what country you are based in - as long as it is not the UK.

To be completetly non-UK tax resident you must be out of the UK for 183 days or more with no continuous UK presence over 90 days. It all gets very complicated with certain types of days being ignored and certain days being included.

However, if you are out of the UK for any periods exceeding 90 days AND YOU ARE NOT BEING PAID BY A UK BASED EMPLOYER during that period, I would write to the tax office after 5 April 2009 explaining the situation and they may be able to sort out a rebate for you - but only if you actually paid excessive UK tax for the year.
I'm merchant navy and we can, although I never had, get a tax year. Yes there are complicated rules such as the half day rule ie spend 2 weeks off shore and then you have to be back off shore before 2 weeks otherwise the previous 2 weeks don't count.

There are companies such as http://www.sktax.co.uk/ who are mainly for merchant navy but you could ask them they charge a fee but they'll help you get your tax back.

Howitzer

Original Poster:

2,865 posts

247 months

Tuesday 5th August 2008
quotequote all
Cheers guys, much appreciated.

I'm just after a general idea before I get my hopes up.

Dave!

Eric Mc

125,904 posts

296 months

Tuesday 5th August 2008
quotequote all
Just be aware that there are special tax and NI rules applying to ship/oil rig based workers.

Howitzer

Original Poster:

2,865 posts

247 months

Tuesday 5th August 2008
quotequote all
Basically my situation is that it's looking like i'll be in the UK for 86 days at the most for this tax year. I am paid by a UK employer and currently pay tax.

Dave!

Eric Mc

125,904 posts

296 months

Tuesday 5th August 2008
quotequote all
It sounds like you might have a case. The next question is , will the period you are in the UK fall neatly into one tax year (i.e. between 6 April 2008 to 5 April 2009.

All these periods mentioned in the regulations relate to days within specific tax years.

Howitzer

Original Poster:

2,865 posts

247 months

Tuesday 5th August 2008
quotequote all
They should do yeah, the 86 days is a maximum, to make doubly sure I may even take a break in France or Italy for a week on one of my trips back and give me some breathing room should I need to come back to the UK for any reason.

It will be a nice bonus to bring home next year should it all go to plan.

Thanks for the advice!!!!!!!!!!

Dave!