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Resident in Australia but required to file UK tax returns

Resident in Australia but required to file UK tax returns

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Old Jul 19th 2010, 11:45 am
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Default Resident in Australia but required to file UK tax returns

I am both a UK and Australian citizen. I returned to Australia from the UK on 8th April 2009 after spending 11 years there.

My wife and I are in receipt of the UK state pension and we have retained our UK house which is being let out on a yearly tenancy.We filed a UK tax return for 2008/09 covering the income which we earned upto 5th April 2009. I understand I am required to continue to file tax returns for the rental from the UK property.

I have two queries which I would be grateful if any member could assist me with.

UK Tax returns

1.) With regard to my pension it has now been frozen at the rate when I left the UK as the Pensions Office presumably now regard me as being no longer resident in the UK and Australia has no reciprecal arrangements in place with the UK.

Question: Do I have to include my UK pension income in my UK tax return for 2009/10 onwards. If the Pensions office do not regard me as being resident for awarding the annual pension increases does HM Revenue and Customs require me to include the income the tax return.

2.)We have a house in Australia which is now our main residence. We are now considering selling the house here in Australia and downsizing. When we sell the house we will make a capital gain.

Question: Do I have to declare the capital gain on this house in my UK tax return.

Any help would be appreciated.

Robert
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Old Jul 19th 2010, 11:37 pm
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Smile Re: Resident in Australia but required to file UK tax returns

Originally Posted by buddy2000
I am both a UK and Australian citizen. I returned to Australia from the UK on 8th April 2009 after spending 11 years there.

My wife and I are in receipt of the UK state pension and we have retained our UK house which is being let out on a yearly tenancy.We filed a UK tax return for 2008/09 covering the income which we earned upto 5th April 2009. I understand I am required to continue to file tax returns for the rental from the UK property.

I have two queries which I would be grateful if any member could assist me with.

UK Tax returns

1.) With regard to my pension it has now been frozen at the rate when I left the UK as the Pensions Office presumably now regard me as being no longer resident in the UK and Australia has no reciprecal arrangements in place with the UK.

Question: Do I have to include my UK pension income in my UK tax return for 2009/10 onwards. If the Pensions office do not regard me as being resident for awarding the annual pension increases does HM Revenue and Customs require me to include the income the tax return.

2.)We have a house in Australia which is now our main residence. We are now considering selling the house here in Australia and downsizing. When we sell the house we will make a capital gain.

Question: Do I have to declare the capital gain on this house in my UK tax return.

Any help would be appreciated.

Robert
Could I recommend you contact Alan Collett at www.gomatilda.com, he is a tax expert in UK/Oz tax and should be able to help.

BB
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Old Jul 20th 2010, 2:34 pm
  #3  
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Default Re: Resident in Australia but required to file UK tax returns

1. Yes - as it is UK source income.

2. No - for two reasons. Your principal private residence is exempt from CGT throughout your period of ownership. And you only pay capital gains tax in the UK on assets disposed of whilst you are non-resident if you return to the UK within a certain period (five years I think).
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Old Jul 29th 2010, 9:21 am
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Default Re: Resident in Australia but required to file UK tax returns

Thanks Louie for that Information. Much appreciated.
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