UK/US residency
Oct 13th 2003, 3:18 am
#1
Mummy and baby 1982
Thread Starter
Joined: May 2003
Location: North West Chicago Suburbs
Posts: 1,067
UK/US residency
Hi
I posted on a previous thred but now realise that thread is on it's last legs. Below is my previous post:
I hadn't actually thought about going back to use the NHS for cheap/free treatment. Like most people I am covered by medical insurance here. However this thread has made me wonder about residency. I own a home in UK, it is still the family home as my older kids live there, I pay a mortgage in my name, I still pay community charge and all bills there are in my name. Obviously I'm not a resident but I do have a residence there. I still have some mail go there. I am still on the electoral role and can vote by proxy. I don't pay NI any more but now wondering (thank you Yorkiabroad) if I should do that. So what rights do I have in the UK? Just curious if anyone knows.
Maggie
I posted on a previous thred but now realise that thread is on it's last legs. Below is my previous post:
I hadn't actually thought about going back to use the NHS for cheap/free treatment. Like most people I am covered by medical insurance here. However this thread has made me wonder about residency. I own a home in UK, it is still the family home as my older kids live there, I pay a mortgage in my name, I still pay community charge and all bills there are in my name. Obviously I'm not a resident but I do have a residence there. I still have some mail go there. I am still on the electoral role and can vote by proxy. I don't pay NI any more but now wondering (thank you Yorkiabroad) if I should do that. So what rights do I have in the UK? Just curious if anyone knows.
Maggie
Oct 13th 2003, 3:32 am
#2
.
Joined: Nov 2002
Location: Where bad things rarely happen in movies
Posts: 8,933
Maggie,
Preface this with a big warning that I am not qualifed to answer this and you would be best off speaking to an expert! I called my local UK tax office and they were very helpful - very slow, but helpful nontheless.
From what you say, I think for tax purposes you would be classed as Not Ordinarily Resident in the UK - it will depend on how long you have actually been away. Check out the UK Inland Revenue website and somewhere on there there are some flowcharts with Yes/No questions on them to determine your residency status. They're pretty straightforward - I went thru them at Tax Return time just to make sure what I am. From what you say, if you ever return to the UKand want to sell your property, I don't think you should have any problem claiming it as your principal UK residence (hence avoiding CGT liability).
As to what you are entitled to....Inland Revenue publication NI38 goes into detail on what you get for what contributions. And CA07 tells you about unpaid and late paid contributions. If you're not paying NI now, then your entitlements will either cease or be frozen (not sure which - I didn't really press that one as its not applicable to me) at the 6th anniversary of when the NI payment was due. You can make retrospective payments up to that 6 year deadline, if you so wish, but there may be some penalties. Not sure whne the penalties kick in, but I've just paid for 2001-2 and there were none.
Preface this with a big warning that I am not qualifed to answer this and you would be best off speaking to an expert! I called my local UK tax office and they were very helpful - very slow, but helpful nontheless.
From what you say, I think for tax purposes you would be classed as Not Ordinarily Resident in the UK - it will depend on how long you have actually been away. Check out the UK Inland Revenue website and somewhere on there there are some flowcharts with Yes/No questions on them to determine your residency status. They're pretty straightforward - I went thru them at Tax Return time just to make sure what I am. From what you say, if you ever return to the UKand want to sell your property, I don't think you should have any problem claiming it as your principal UK residence (hence avoiding CGT liability).
As to what you are entitled to....Inland Revenue publication NI38 goes into detail on what you get for what contributions. And CA07 tells you about unpaid and late paid contributions. If you're not paying NI now, then your entitlements will either cease or be frozen (not sure which - I didn't really press that one as its not applicable to me) at the 6th anniversary of when the NI payment was due. You can make retrospective payments up to that 6 year deadline, if you so wish, but there may be some penalties. Not sure whne the penalties kick in, but I've just paid for 2001-2 and there were none.
Oct 13th 2003, 3:38 am
#3
Mummy and baby 1982
Thread Starter
Joined: May 2003
Location: North West Chicago Suburbs
Posts: 1,067
Originally posted by Yorkieabroad
Maggie,
Preface this with a big warning that I am not qualifed to answer this and you would be best off speaking to an expert! I called my local UK tax office and they were very helpful - very slow, but helpful nontheless.
From what you say, I think for tax purposes you would be classed as Not Ordinarily Resident in the UK - it will depend on how long you have actually been away. Check out the UK Inland Revenue website and somewhere on there there are some flowcharts with Yes/No questions on them to determine your residency status. They're pretty straightforward - I went thru them at Tax Return time just to make sure what I am. From what you say, if you ever return to the UKand want to sell your property, I don't think you should have any problem claiming it as your principal UK residence (hence avoiding CGT liability).
As to what you are entitled to....Inland Revenue publication NI38 goes into detail on what you get for what contributions. And CA07 tells you about unpaid and late paid contributions. If you're not paying NI now, then your entitlements will either cease or be frozen (not sure which - I didn't really press that one as its not applicable to me) at the 6th anniversary of when the NI payment was due. You can make retrospective payments up to that 6 year deadline, if you so wish, but there may be some penalties. Not sure whne the penalties kick in, but I've just paid for 2001-2 and there were none.
Maggie,
Preface this with a big warning that I am not qualifed to answer this and you would be best off speaking to an expert! I called my local UK tax office and they were very helpful - very slow, but helpful nontheless.
From what you say, I think for tax purposes you would be classed as Not Ordinarily Resident in the UK - it will depend on how long you have actually been away. Check out the UK Inland Revenue website and somewhere on there there are some flowcharts with Yes/No questions on them to determine your residency status. They're pretty straightforward - I went thru them at Tax Return time just to make sure what I am. From what you say, if you ever return to the UKand want to sell your property, I don't think you should have any problem claiming it as your principal UK residence (hence avoiding CGT liability).
As to what you are entitled to....Inland Revenue publication NI38 goes into detail on what you get for what contributions. And CA07 tells you about unpaid and late paid contributions. If you're not paying NI now, then your entitlements will either cease or be frozen (not sure which - I didn't really press that one as its not applicable to me) at the 6th anniversary of when the NI payment was due. You can make retrospective payments up to that 6 year deadline, if you so wish, but there may be some penalties. Not sure whne the penalties kick in, but I've just paid for 2001-2 and there were none.
Thanks for the reply. I did make enquiries about my NHS pension (I am a nurse) and that will be frozen or transferred to a compatable US pension here once I start work but that sounds complicated. I've only been here since July and in that time returned to UK for 4 weeks. I will be returning to UK at least twice a year to see kids/check on house etc. I will check out the Inland revenue web site to see residency requirements. Thanks again
Maggie
