fourfour

Guys I have searched for an answer to this using the search engine but am struggling to find something this specific.....hope you can help, not to bad with detail but the HMRC6 nearly killed me tyring to make any sense of it. It is 86 pages of head melting duplication and total confusion (for me anyway)

I am moving to Jamaica (permament) to work for a Jamaican employer (not much activity in the Carribean pages so I thought it best post it here) Parents already live overseas and I will be renting out my flat via a proper letting agent and want to ensure that I am accepted as non resident for tax purposes.

I Googled completing a P85 help and although it is a slighly older P85 on the screenshots, this guy from "Wealth Protection Report" has me unsure as to how to complete the current P85's Question 13:
"Will you (or your spouse or civil partner)
have any accommodation in the UK while you are abroad"

What he says is this: "The next section looks at any accommodation you have in the UK. Recent Commissioners decisions have made it clear that any UK accommodation that is actually available for your use is important in assessing your residence status. If you have a UK property that is let I'd be tempted to answer this as a negative as it is not actually your 'accommodation' in the sense that you can't occupy it. You'd then have to complete the next section on UK property income"

I can follow his logic in some part as Q13 talks about "accommodation" not "property" but my problem with his "would be tempted" guidance is that if you answer "No" to Q13 then it tells you to skip Q14 which in itself asks: "Do you own or have you ever owned this accommodation"

Declaring "Income from UK property" is dealt with further on Q22 etc

This is the link to the advice given on wealth protection report:

http://www.wealthprotectionreport.co...c/241.cfm?sd=2

Thanks for this, there is so much press about getting this bit right and sorry it is a bit long winded.....

fourfour

Pollyana

I've moved this to the UK forum as you're more likely to get an answer here than in a forum dealing with Australian visas

brioche

I'd agree with that analysis. HMRC wants to know if you will continue to maintain a UK home, in order to determine your residence status. The usual way for property owners to show that they do not maintain a UK home is to keep the place rented out.

At a guess, I'd say because people who maintain a UK home would be considered to have stronger ties to the UK if they own that home.

That's a separate matter: they want to know what UK income you'll receive after you move abroad. It's also one of the factors they use to decide whether or send you self-assessment forms every year.

If you're still unsure, phone your local tax office and ask them for advice. I've found them quite helpful when it comes to answering these trick questions on forms.

Bermudashorts

I am not 100% sure what your quesiton is?

But if it is how to answer the question about having accommodation in UK, then the answer is no, because you are renting your property out. Thus if you popped back for a weekend you won't have anywhere to stay.

fourfour

Thanks guys

I actually agree with answering "No" to Q13 accommodation question but was a bit concerned that answering "No" to Q13 does mean completely skipping
Q14 altogether: Q14 "Do you own or have you ever owned this accommodation"


fourfour

Bermudashorts

Can't see anything wrong with skipping Q14, it is not relevant if you are saying no to Q13. The line of questioning is not about whether you own a property, it is about finding out whether you are truly non resident or not.

fourfour

ah yes I see what you mean.

Thanks Bermudashorts and Brioche.....

fourfour

Cape Blue

Don't forget your NRL1 form regarding the let property.