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-   -   First UK Tax return after move to US, Foreign Tax and Witholdings (https://britishexpats.com/forum/usa-57/first-uk-tax-return-after-move-us-foreign-tax-witholdings-865131/)

NedG Sep 14th 2015 12:28 am

First UK Tax return after move to US, Foreign Tax and Witholdings
 
Hi all. My thrilling first post to BE is a question regarding everyone's favourite subject: Tax.

I moved to the US in December 2014 and I am now compiling my 14/15 UK return in TaxCalc (thanks to the recommendations on BE and elsewhere). I'll be filing it as a split year.

I'll be reporting my foreign income and the tax I paid on it in the US. So my question is this: should the "foreign tax" include only the US tax I have actually filed a return for (i.e. from December 14) or should I also report the withholdings on my US income for the first three months of 2015?

There is some useful advice here: https://www.gov.uk/tax-foreign-income/taxed-twice. It describes two cases "If you’ve already paid tax on your foreign income" and "If you haven’t paid tax on the foreign income". However, I'm unclear whether witholdings count as "paying tax" for these purposes.

Naturally I'm aware that I ought to get some professional advice if I want a definitive answer. Any pointers you might be able to give would be very gratefully received, though!

nun Sep 14th 2015 3:34 am

Re: First UK Tax return after move to US, Foreign Tax and Witholdings
 

Originally Posted by NedG (Post 11747574)
Hi all. My thrilling first post to BE is a question regarding everyone's favourite subject: Tax.

I moved to the US in December 2014 and I am now compiling my 14/15 UK return in TaxCalc (thanks to the recommendations on BE and elsewhere). I'll be filing it as a split year.

I'll be reporting my foreign income and the tax I paid on it in the US. So my question is this: should the "foreign tax" include only the US tax I have actually filed a return for (i.e. from December 14) or should I also report the withholdings on my US income for the first three months of 2015?

There is some useful advice here: https://www.gov.uk/tax-foreign-income/taxed-twice. It describes two cases "If you’ve already paid tax on your foreign income" and "If you haven’t paid tax on the foreign income". However, I'm unclear whether witholdings count as "paying tax" for these purposes.

Naturally I'm aware that I ought to get some professional advice if I want a definitive answer. Any pointers you might be able to give would be very gratefully received, though!

If you qualify for a UK split tax year why are you filing a self assessment and including foreign income? If you are working in the US that income won't be UK taxable.

NedG Sep 14th 2015 5:01 pm

Re: First UK Tax return after move to US, Foreign Tax and Witholdings
 

Originally Posted by nun (Post 11747657)
If you qualify for a UK split tax year why are you filing a self assessment and including foreign income? If you are working in the US that income won't be UK taxable.

Interesting. I was just naively answering the questions in tax calc. I guess I should go back to the HMRC split year information and read a bit more carefully.

nun Sep 14th 2015 5:39 pm

Re: First UK Tax return after move to US, Foreign Tax and Witholdings
 

Originally Posted by NedG (Post 11748265)
Interesting. I was just naively answering the questions in tax calc. I guess I should go back to the HMRC split year information and read a bit more carefully.

Yeah if you qualify for split tax year treatment you just pay UK tax on your income when you were resident in the UK....and a lot of that should already have been done through PAYE and withholding at source. Make sure you file a P85 with HMRC.

The US also has the same concept if a part year resident so you just have to include income and financial gains you get after you moved to the US.

tbm Sep 14th 2015 5:41 pm

Re: First UK Tax return after move to US, Foreign Tax and Witholdings
 

Originally Posted by NedG (Post 11748265)
Interesting. I was just naively answering the questions in tax calc. I guess I should go back to the HMRC split year information and read a bit more carefully.

Make sure to read about the Statutory Residence Test, see https://www.gov.uk/government/public...dence-test-srt

tbm Sep 14th 2015 5:49 pm

Re: First UK Tax return after move to US, Foreign Tax and Witholdings
 

Originally Posted by nun (Post 11748301)
Yeah if you qualify for split tax year treatment you just pay UK tax on your income when you were resident in the UK....and a lot of that should already have been done through PAYE and withholding at source. Make sure you file a P85 with HMRC.

Note that you only have to file a P86 or a Self Assessment return, not both. It sounds like NedG was going to go for the latter.

You should get a tax refund since you always get the full personal allowance (it's not apportioned).

Make sure to read about the Statutory Residence Test since some cases require daily record keeping.

In addition to the P86/Self Assessment, you may want to look into 1) voluntary NI contributions and b) personal pension payments.

nun Sep 15th 2015 12:49 pm

Re: First UK Tax return after move to US, Foreign Tax and Witholdings
 

Originally Posted by tbm (Post 11748306)
Note that you only have to file a P86 or a Self Assessment return, not both. It sounds like NedG was going to go for the latter.

You should get a tax refund since you always get the full personal allowance (it's not apportioned).

Make sure to read about the Statutory Residence Test since some cases require daily record keeping.

In addition to the P86/Self Assessment, you may want to look into 1) voluntary NI contributions and b) personal pension payments.

All good advice, but making payments to a UK pension while in the US would be low on my list of things to do. If you have earned income there are plenty of US opportunities to make tax deferred payments into retirement accounts.


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