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Pre-Planning

When planning to come to the UK, attention should be given to the possible tax consequences of  doing so. Careful planning could allow you to avoid exposure to UK tax and advice is available upon request. There are numerous issues for you to consider such as: Various other reasons may include short term project work, long term study or even international secondments to the UK for 2 years. Each case is almost unique and needs to be studied separately. If UK tax residence is established, tax will be assessable in the UK on worldwide income, unless those newly arriving in the UK of non-UK domicile can use the remittance basis of taxation. In this instance, the tax will be assessed only on the foreign income that is remitted to the UK. Some pre-planning points to consider: Beware of temporary non-residence anti-avoidance rules if returning to the UK after an insufficient amount of time away. Tax may be payable in the year of return on income and gains realised in the preceding years. Review the relevant double taxation treaty between the two countries. Employers should reconsider amending employment contracts where applicable to allow for the appropriate taxation rights. Couples should consider the tax efficiencies that might be available to them if one remains resident overseas while the other is in the UK. Whatever the change of circumstances, planning is always recommended and we are here to support you in the process.

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Exceptional Circumstances for Non-UK Residents

When an individual taxpayer seeks to be deemed as non-UK resident there is SRT legislation in place to determine the number of days allowed in the UK per tax year as a non-UK resident. Those days however may be extended by a further 60 days where exceptional circumstances apply. Previously, HMRC have indicated that such circumstances should relate to the spouse or child only when related to a family matter. In a judgement released last month, however, it was ruled that exceptional circumstances would also be allowed for a twin sister whose overall wellbeing depended on the presence of her non-UK resident twin. This was despite the fact that these exceptional circumstances were required in the very first year of non-UK residence and which resulted in the loss of a large tax bill assessed by HMRC. There are instances where HMRC have taken a compassionate approach in terms of granting exceptional circumstances, but in this instance, and given the amount of tax involved, it may be considered that the extent of the compassion was suitably determined at a First Tier Tribunal level.

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Non-domicile status

It has been a traumatic week for those of non-UK domicile living in the UK. With leaked info, of a personal nature, causing much soul-searching and consternation, at the same time there suddenly have been calls to for tax law to change. Those suggesting a time for change include academic professors as well as the journalists seeking to keep the issue on the front page of their newspapers. Ever since income tax was introduced, the concept of being non-UK domiciled has always been part of UK tax law, where unremitted foreign income can be excluded from UK tax assessments, subject to a charge being applied once deemed to be UK resident in at least 7 years out of a 9-year period. This concept still exists after more than 200 years and is available to those who do not intend to settle in the UK in the long term. While the taxpayer is alive, tax law as it exists seems to accept that there is always a possibility that the taxpayer will not remain permanently in the UK and allows for non-domicile status to remain until 15 out of a 17-year period of UK residence has occurred.The option to decline use of the remittance basis of taxation has always been a personal choice, but only now does it seem to be a political matter too. While the concept is clearly written in tax law, it will be interesting to see what policy changes will come about as a result of this week’s revelations. Lately, however, numerous leaks have been unable to initiate any change whatsoever and it would be a surprise to see change here. Whatever is decided, compliance will always be the objective.

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Non-UK resident disposals of UK property

Since April 6th 2020, property disposals by non-residents have to be declared online with a UK Property Disposal return, through HMRC’s UK property reporting service, within the current 60-day reporting deadline. Any capital gains tax assessed should also be paid within this same deadline. Reporting a property disposal requires a Government Gateway User ID and a need too for a ‘capital gains tax on UK property’ account to be created. For many non-residents, however, numerous issues prevent access to the Government Gateway and often there is a need to request HMRC to send a paper formatted return to the non-resident for completion and signature by ink, in the traditional format. This often proves to be a lengthy process and relies on an efficient postal service which impacts the 60-day reporting deadline. Once notified of the property disposal, either online or in paper format, HMRC will issue a payment reference number for use when arranging any settlement of the capital gains tax due. It is understood that HMRC will recognise the difficulties in meeting the 60-day deadline if the UK property charge has to be processed manually but it is recommended that you keep a log of the difficulties encountered and any discussions with HMRC in the event of any late filing or late payment penalties arising. When such difficulties are encountered, we often advise the client to phone HMRC to see if they will set up a capital gains tax on UK property account while on the phone. Occasionally this seems to work and although time-consuming it does avoid the need to file a paper return. If you do not have a Government Gateway ID set up, it is useful to start the process in advance of completing the property sale, given the 60-day filing deadline. Following the sale, if you have a need to file annual self-assessment tax returns, the disposal also needs to be declared on the tax return for the relevant year in which the sale occurred. But this is only the case where you have a need to file annual tax returns as a matter of routine. If there is ever a need to amend a UK Property Disposal return, before any self-assessment tax return has been filed declaring the disposal, this can be done either with a new property disposal form or arranged via the annual self-assessment tax return. However, amendments are often complex to arrange, especially if CGT has been overpaid, and may only be possible via the annual self-assessment tax return. Get in touch now if you have plans to dispose of UK property as a non-UK resident. HMRC recognise that the process can be completed much quicker with the support of a tax agent.

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Let Property Campaign

HMRC’s Let Property Campaign is a solution for those landlords who are not up to date with the annual tax returns required to declare income earned from rental property located in the UK. This requirement exists for all landlords regardless of the amount of income received and regardless of where they may reside, either in the UK or overseas. By making such a disclosure voluntarily through the let property campaign, there is the potential for late filing penalties to be lower than those which will arise if HMRC were to approach you directly about any outstanding tax declarations. Even if resident overseas and declaring the rental income in the country where you reside, the need to file a tax return in the UK remains. It would be our pleasure to assist you with this and help you stay up to date with your UK tax reporting obligations. If you are a foreigner in the UK with rental income arising overseas, this too must be reflected in an annual tax return and we would be happy to discuss the options available to you should the remittance basis of taxation be possible. Feel free to make contact should you have concerns about rental income and any overdue  reporting requirements.

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Non-resident landlords

Non-resident landlords receiving income from UK property, are obliged to file tax returns annually to declare the rental income received, less any typically associated costs incurred in generating the income. Basic rate tax relief is also available for any mortgage interest incurred. Such income will need to be declared in the country where investors reside but any tax paid in the UK will be offset against any tax assessed in the other country where permitted by the Double Taxation Agreement between both countries. The DTA may also permit entitlement to the annual tax free allowance, in which case investors will only be taxed on the net rental gain remaining after the tax free allowance has been taken in to account. It should be noted that from 6 April 2024, HMRC are changing their tax reporting requirements to quarterly reports throughout the tax year, in a digital format, following the success of the VAT reporting changes made recently, and this will apply to landlords who are in receipt of rental proceeds in excess of £10,000 per annum. When selling the UK property, each investor will be required to file a CGT return with HMRC within 60 days of the sale taking place to declare the gain and to pay any corresponding capital gains tax due. The chargeable gain will be assessed after taking typical buying and selling costs into account, including costs of a capital nature for home improvements and extensions. Where permitted, a tax free allowance for capital gains specifically will reduce the chargeable gain to be assessed for tax. Hodgens Global can provide you with the support needed to identify and assist with all relevant tax compliance and reporting matters to be addressed

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Issue 2

As we approach the close of another tax year, the aim of this newsletter is to share some observations on the recent budget, announced on March 3rd and, also, to prompt you to think about any last-minute steps you can take to minimize the tax burden before the year closes on 5 April 2021. This has been an uncertain year for many who, due to the pandemic, find themselves stranded in the UK, in unfamiliar territory, faced with a new tax reporting obligation for the first time after many years overseas, far from any concerns about UK tax. In the previous newsletter, we discussed the need to ensure full disclosure on worldwide income as a UK resident taxpayer. This newsletter revisits this topic to provide further comment on HMRC’s current focus on this matter through their worldwide disclosure facility team. BUDGET 202 Another budget has come and gone and again, on the surface, it seemed unremarkable with no significant changes to personal allowances, tax brackets or to capital gains tax, which has been the subject of considerable speculation in recent months. However, there were significant changes announced for taxes on business, to be rolled out over a multiple year timeframe, that reinforced the general belief that this would be a budget to alleviate the growing fiscal deficit which has mushroomed during the pandemic. To this effect, the Office of Budget Responsibility had advised that this budget will raise the tax burden to levels not seen since the 1960’s and is expected to rise to 35% of GDP by the 2025/26 tax year. The rise will hit both businesses and middle-income earners. With little change to personal allowances, and now fixed at the same rates for the next four years, such action will bring, according to OBR, a further 1.3 million people into the UK’s taxpaying system and a further 1 million taxpayers into the higher tax bracket. While the personal tax-free income allowance will increase from £12,500 to £12,750 in the 21/22 tax year, there will be no further increases considered until 2026. Similarly, the higher-rate threshold of £50,000 will increase to £50,270 for the next tax year and remain unchanged until 2026. With inflationary pressures on wages, this will certainly contribute, as intended, to increased tax collections and is currently referred to as ‘fiscal drag’. By freezing tax rates and allowances, it is expected that a further £19bn will be collected by April 2026, a relatively small chunk of the current national debt of £300bn resulting from the supportive measures taken during the current Covid-19 crisis. The inheritance tax threshold of £325,000 (set 10 years ago) remains unchanged as does the capital gains tax allowance and the pensions lifetime and annual allowance. THE PENSIONS ALLOWANCE The pensions allowance offers each taxpayer an opportunity to reduce their taxable income. Where contributions are made to a registered pension scheme, tax relief is available in the same tax year in which those contributions are made.For contributions to a ‘relief at source’ scheme, basic tax relief is given at source, and deemed to be paid net of the basic rate of tax applicable, typically 20%. For those taxpayers on higher rates of tax, 40% and 45%, the extra tax relief is claimed through the annual self-assessment process. While the lifetime allowance for pensions contributions currently remains set at £1,073,100, the annual allowance of £40,000 for pension contributions per tax year may be increased by the amount of the annual allowance that remains unused from the previous three tax years.If you are close to the higher tax brackets of either 40% (with taxable income in excess of £50,000) or 45% (where taxable income for the year exceeds £150,000) you may wish to pursue the opportunity to increase your pension contributions and therefore minimize the impact on your tax liabilities. INVESTMENTS THAT PROVIDE TAX RELIEF The UK Government is forever committed to generating capital growth and safeguarding the longer-term prospects of the economy. In this regard, tax relief is available through various Government incentives, a scheme aimed primarily at encouraging people to invest in higher risk companies. As a result, tax relief is available to those investing in companies that are focused on growth and development who satisfy the overall ‘risk to capital’ condition of the scheme, be it an Enterprise Investment Scheme (EIS), a Seed Enterprise Investment Scheme (SEIS) or a Venture Capital Trust (VCT). When subscribing for shares in an unquoted trading company, on EIS terms, tax relief of 30% of the amount subscribed is available, up to the maximum allowed per tax year, typically £1m, with investments of up to £2m accepted for knowledge-intensive companies. As EIS tax relief is aimed at reducing the overall tax liability, the liability to tax should be sufficient for the full EIS tax relief to be utilized as there will be no refund where the amount of relief exceeds the tax assessed. Under an SEIS, income tax relief is available on 50% of the amount subscribed, capped at £100,000 per tax year. With a VCT, tax relief of 30% of the amount subscribed is possible, up to a limit of £200,000. The relief is clawed back if the investments is disposed of within the first 5 years. In addition to the above, there is also the opportunity to subscribe to shares in a social enterprise where social investment tax relief is available of 30% of the amount subscribed, limited to £1m. For further comment and insight into any of the above, as you contemplate the upcoming end of the 20/21 tax year or to consider what plans you can put in place for the next tax year, contact Hodgens Global.

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Issue 1

Welcome to the first edition of The Hodgens Global Newsletter As we complete another tax reporting deadline in the UK, we hope you will enjoy this first newsletter to highlight aspects of our service, to maintain contact and to discuss some of the most common concerns that arise when you find yourself living life as an expat. Hodgens Global can help you identify and address all personal tax reporting obligations in the United Kingdom and is able to liaise with HMRC directly on your behalf whenever the need arises. BREAKING NEWS Non-UK residents with plans to purchase residential property in England and Northern Ireland will be required from April 2021 to pay an additional 2 percentage points of Stamp Duty above those standard rates applicable to UK residents. Stamp Duty Land Tax (SDLT) is a transaction tax that is payable when purchasing property in England and Northern Ireland. BREXIT and THE CORONAVIRUS For many expats, much uncertainty existed in the build up to Brexit, and now that the United Kingdom has officially left the European Union it is fair to say that confusion persists, given the number of enquiries received recently. Your taxpayer status will continue to be the same whether you are residing permanently in or out of the EU area, either in Germany, Italy, Singapore, or Australia. The terms of each country’s Double Taxation Agreement with the UK will remain in place regardless of any involvement of the EU. In terms of the Coronavirus, the disruption and chaos this has caused to many on a personal level is disheartening and for some expats it is creating many challenges that require resourcefulness and courage. In such situations, tax is an issue that will not go away unless confronted and resolved. For others, caught up accidentally in the UK over extended stays, due to the closing of borders and travel corridors, HMRC’s rigid criteria to determine if taxpayer residence in UK has been established is causing havoc for those who are unfamiliar with UK tax laws. Welcome to the first edition of insights from Hodgens Global where we discuss additional Stamp Duty charges on UK property purchases by non-UK residents, Brexit uncertainty and the Coronavirus, which has provided many with the opportunity to consider working from home in an  overseas setting. Also, in the newsletter we discuss our new cloud-based file sharing system which allows clients to automatically access their files and documents, 24/7, throughout the year. Welcome to the first edition of The Hodgens Global Newsletter As we complete another tax reporting deadline in the UK, we hope you will enjoy this first newsletter to highlight aspects of our service, to maintain contact and to discuss some of the most common concerns that arise when you find yourself living life as an expat. Hodgens Global can help you identify and address all personal tax reporting obligations in the United Kingdom and is able to liaise with HMRC directly on your behalf whenever the need arises. BREAKING NEWS Non-UK residents with plans to purchase residential property in England and Northern Ireland will be required from April 2021 to pay an additional 2 percentage points of Stamp Duty above those standard rates applicable to UK residents. Stamp Duty Land Tax (SDLT) is a transaction tax t BREXIT and THE CORONAVIRUS For many expats, much uncertainty existed in the build up to Brexit, and now that the United Kingdom has officially left the European Union it is fair to say that confusion persists, given the number of enquiries received recently. Your taxpayer status will continue to be the same whether you are residing permanently in or out of the EU area, either in Germany, Italy, Singapore, or Australia. The terms of each country’s Double Taxation Agreement with the UK will remain in place regardless of any involvement of the EU. In terms of the Coronavirus, the disruption and chaos this has caused to many on a personal level is disheartening and for some expats it is creating many challenges that require resourcefulness and courage. In such situations, tax is an issue that will not go away unless confronted and resolved. For others, caught up accidentally in the UK over extended stays, due to the closing of borders and travel corridors, HMRC’s rigid criteria to determine if taxpayer residence in UK has been established is causing havoc for those who are unfamiliar with UK tax laws. WORKING FROM HOME – OVERSEAS With the opportunity to work from home while working for their UK employers, many are transferring the ‘home’ to other countries. Spain, Portugal and the Netherlands feature often in discussions. When working from home overseas you have to consider the double taxation agreement with the other country. If the situation allows for you to be deemed non-UK resident, arrangements can be made for you to obtain the appropriate DT relief from HMRC. We would be happy to guide you further on this matter. DISCLOSURE As a resident taxpayer of the UK, all worldwide income is taxable in the tax year in which it arises. For many, the most common way to settle tax is through Pay As You Earn, whereby tax is deducted at source from the monthly salary. If you are in receipt of worldwide income and gains, you should be aware that the tax authorities of various countries communicate with each other. It is therefore in your best interests to learn how to be fully tax compliant. Voluntary disclosure is looked upon more favourably than when being prompted by HMRC to do so. While HMRC offer a Digital Disclosure Service, there are still expats in the UK who maintain undicslosed interest bearing assets overseas. When this is discovered by HMRC, a letter is issued to the taxpayer that often provokes stress and concern. This can be avoided by seeking professional guidance and support. CLIENT FILE SHARING In the constant pursuit of excellence and accessibility to clients in all corners of the world, we are excited by the addition of

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