I 'd like to prove the no of days presence in UK in order to pass the SRT. I can get 10 yrs immigration record from Hong Kong Gov. Could I use it to show hmrc that I didn't leave HK for more than required days to meet SRT?
I need to file a non resident tax return, but I didn't tell hmrc when I left about 7 yrs ago. I am just afraid they will ask for many proves. I would be very appreciated for your help.
Thank you in advance for your help.
Replies (24)
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OP, you say you "need" to file a return - is this because HMRC have issued you with one or you have established that you need to do so using the HMRC checker https://www.gov.uk/check-if-you-need-tax-return?
How many days were you in the UK for 20/21?
What's the point of your question? Complete your Tax Return correctly (ie based on fact) and you will not need to worry about 'proves'.
What's the worry? The year you are filing for? The year you left? Years before that? The intervening years since you left? If you've always paid your taxes then there's nothing to fret about, whatever questions they may ask. Just submit your Return and get on with life.
They cannot treat you as UK resident if in fact (that word again) you were not UK resident.
(Facts leave a trail. Eg you say you've been working overseas.... you need to be overseas to work overseas.)
So were you, or were you not, UK resident? Is it the same answer for each of the seven years?
I agree with Tax Dragon - just file the tax return (if you need to complete one) showing that you were automatically non-resident as you were in the UK for less than 16 days. You don't need to supply proof when you submit your return - this would only be needed on the very small chance that there was a future compliance check into your return.
For the years that you have been away, don't forget to move on to the Ties Tests section in the SRT if you don't automatically meet the overseas tests - if you have been living abroad, it may be that you are non-resident based on this section (hard to know without knowing your fuller circumstances/how often you have visited the UK in previous years).
It might. It might not. Facts leave a trail.
How much have you been in the UK in the last seven years? (That's rhetorical now... I'm out. You know what I think you should do. I agree with Gainsborough.)
It might. It might not. Facts leave a trail.
How much have you been in the UK in the last seven years? (That's rhetorical now... I'm out. You know what I think you should do. I agree with Gainsborough.)
As TD says facts leave a trail. What do bank statements and credit cards show, for example? Where were you spending money? Even in current days of online purchases day to day expenses should give a pretty good clue
Pedantry alert.
You don't prove the number of days. You prove the number of midnights, except in limited circumstances.
You'll be pleased to know I typed out (but didn't post) similar, to satisfy my own pedantic bent.
Oh I do miss the fun ones when I take a 1/2 day break don't I.
OP ... a simple summary:
1. Read the rules carefully (or use SRT if you must) and decide, for each year, if you meet the criteria for Non-Residency.
2. Where you do, make a note of the facts (not beliefs) used to come to that conclusion - and keep a copy of all that.
3. Complete and submit your tax returns for any years in which they are due, using the residency status ascertained at step 1 as appropriate.
There's no point in asking about the same piece of potential 'proof' when (a) it's not needed in order to submit your returns, and (b) we can't tell you whether it would be sufficient (given the absence of a plethora of other probably relevant details).
This forum is for Accountants and those providing related services ... not those who specialise in Immigration issues (about which I, and probably most of the members here, know relatively little - especially in an advisory capacity).
I've no idea why you're so hung up on the issue of whether or not your 'immigration record' will be of relevance to HMRC ... but my post (to which you're replying) gave you the correct steps regarding your potential residency & tax return issues.
Not personally ... and I wouldn't hand out contact details on a public forum even if I did.
Not being rude, but have you actually tried using Google search?
I put in "uk non resident tax advice" and got lots of relevant companies listed.
No idea as to their individual focus of experience or the costs of their fees, but you could always try contacting a few of them and asking.
...because they have some other evidence that shows it not to be a true record of where you were.
I am just curious. May I ask why the hmrc may not accept the immigration record from Hong Kong?
As Hugo says, it is Self Assessment, so you make your decision, submit the return on the facts, and retain such evidence as you think will assist your claim should HMRC decide to enquire into the return.
We don't know the full circumstances so cannot say.
Maybe HMRC information systems show that that you are still on council tax or other utility company records or have bank accounts here that lead them to query the claim in your return. Who knows. Just maintain such records as you can against a future enquiry