This is an habitual problem for me with many expat clients in far flung locations. God help us if they live in the Middle East and China, so I just go back to an old fashioned paper 64-8. You're right - unlikely to get a paper one processed but you don't need a 64-8 in place to e-file a tax return on most software eg TaxCalc. Just e-file and then sort out the 64-8 later.
HMRC tried this with one of my P85 cases, as individual left the UK permanently to return to their home jurisdiction in May! I wrote in the strongest possible terms and, sure enough, the in-year repayment was duly paid.
My feelings exactly! I used to use the site for many reason
- if I could help
- if I needed help
- general interest
but now I have neither the time nor the inclination to trawl around this god-awful site to find a fraction of the info I am searching for. I certainly won't be returning until I hear that it has reverted back to the useful tool it once was!
may be of interest as you have overseas share holdings but it depends on the amounts and your situation re levels of other income/gains.
Get professional advice otherwise you could be losing out on significant tax benefits for non-doms coming to the UK. Getting expatriate tax planning advice via a forum will probably end up costing you more money in the end, than paying a fee for correct advice at the outset!
If he is NR in the UK in 2014/15, when the sale took place, there is no chargeable UK disposal - end of story! You can't pick and choose which jurisdiction is going to tax it, based on the best result!
Spain does not normally recognise "split" tax years so he may not be resident in Spain in 2014 but you don't say when the sale took place ie in 2014 or 2015 calendar year? The presence of his wife and children in Spain may also have made him resident in Spain at an earlier point - you really can only get the answers from a Spanish adviser.
Seems from your question, you are unfamiliar with the rules for OWR so suggest you look at these and understand the basics re remittances, nominated new account to be able to use the simplified mixed fund rules, etc etc...the list goes on.
If you do not have expertise in this area, then refer it to a specialist as there are lots of pitfalls! Also there is a limited shelf-life for OWR so your client may have already had all he can get.
If you have a nomadic work existence then it could be that you are not resident in any country. Provided you meet the criteria for the UK SRT (whether that be any of the automatic overseas tests, or STT or split year), then you are not resident and HMRC are not requiring you to be either resident or taxable somewhere else in the world in order to establish UK non-residence.
Warning: as a non resident you have no treaty protection so you are taxable in each and every country you work in (assuming that country has a personal tax system) for the number of workdays in that jurisdiction.
From your last paragraph -are you trying to be UK resident??
if she is also working in France. Then she would have an EU multi-state employment and if more than 25% exercised in France would be subject to French social security contributions for herself and employer - very expensive as the combined rate is around 80% !! Makes NIC look cheap.
My answers
This is an habitual problem for me with many expat clients in far flung locations. God help us if they live in the Middle East and China, so I just go back to an old fashioned paper 64-8. You're right - unlikely to get a paper one processed but you don't need a 64-8 in place to e-file a tax return on most software eg TaxCalc. Just e-file and then sort out the 64-8 later.
HMRC tried this with one of my P85 cases, as individual left the UK permanently to return to their home jurisdiction in May! I wrote in the strongest possible terms and, sure enough, the in-year repayment was duly paid.
My feelings exactly! I used to use the site for many reason
- if I could help
- if I needed help
- general interest
but now I have neither the time nor the inclination to trawl around this god-awful site to find a fraction of the info I am searching for. I certainly won't be returning until I hear that it has reverted back to the useful tool it once was!
- education
Not enough information....
sounds like his workplace is a permanent workplace. How does it qualify as a temporary workplace?
US qualified people based in UK
do contribute to this site too!
Remittance basis
may be of interest as you have overseas share holdings but it depends on the amounts and your situation re levels of other income/gains.
Get professional advice otherwise you could be losing out on significant tax benefits for non-doms coming to the UK. Getting expatriate tax planning advice via a forum will probably end up costing you more money in the end, than paying a fee for correct advice at the outset!
Ask a Spanish tax adviser!
If he is NR in the UK in 2014/15, when the sale took place, there is no chargeable UK disposal - end of story! You can't pick and choose which jurisdiction is going to tax it, based on the best result!
Spain does not normally recognise "split" tax years so he may not be resident in Spain in 2014 but you don't say when the sale took place ie in 2014 or 2015 calendar year? The presence of his wife and children in Spain may also have made him resident in Spain at an earlier point - you really can only get the answers from a Spanish adviser.
Overseas Workdays Relief
Seems from your question, you are unfamiliar with the rules for OWR so suggest you look at these and understand the basics re remittances, nominated new account to be able to use the simplified mixed fund rules, etc etc...the list goes on.
If you do not have expertise in this area, then refer it to a specialist as there are lots of pitfalls! Also there is a limited shelf-life for OWR so your client may have already had all he can get.
Possible to be not resident anywhere
If you have a nomadic work existence then it could be that you are not resident in any country. Provided you meet the criteria for the UK SRT (whether that be any of the automatic overseas tests, or STT or split year), then you are not resident and HMRC are not requiring you to be either resident or taxable somewhere else in the world in order to establish UK non-residence.
Warning: as a non resident you have no treaty protection so you are taxable in each and every country you work in (assuming that country has a personal tax system) for the number of workdays in that jurisdiction.
From your last paragraph -are you trying to be UK resident??
Watch out for EU Regs 883/2004
if she is also working in France. Then she would have an EU multi-state employment and if more than 25% exercised in France would be subject to French social security contributions for herself and employer - very expensive as the combined rate is around 80% !! Makes NIC look cheap.