Wednesday, 26 January 2011

Non-res status: how do you achieve this? Part 1

You would think that once you have left the shores of the UK and emigrated you would have cut the ties that bind…especially those pesky tax ties! Unfortunately it’s not that easy.

In the past, providing you were in the UK for a certain length of time only, you were no longer considered a resident. Your absence and employment from the UK had to cover a complete tax year (that is 6 April to 5 April), you had to spend less than 183 days in the UK during the tax year and your visits to the UK should not average 91 days or more a tax year over a maximum of four years.
But things have changed and HM Tax and Revenue Services are becoming far more demanding – and watchful.

Just moving overseas won't be enough to establish that you've got a new domicile. Essentially you need to show that you've severed your UK ties totally and that you are living overseas on a permanent basis. There's a burden of proof and it is not something that is easy to convince the tax man of.

So…how do you make sure that you qualify for non-resident status? A suggested checklist of what you need to do: let’s start with

Property in the UK:
-Sell your UK property or let it out for at least 12 months - do not leave it unoccupied
-If you are letting the property, ask a UK agent to deal with the property on your behalf
-Pay all property bills before you depart the UK
-Notify your house insurers that you are emigrating and adjust the insurance accordingly
-Notify your mortgage lender that you are emigrating
-Notify your local council that you no longer reside at the property
Business matters in the UK:
-Consider resigning from any UK company directorships or company secretarial positions
-Consider disposing of your UK business interests altogether
Other UK matters:
-Notify your UK doctor and dentist that you have left the UK
-Cancel your UK sporting and social club memberships
-You would be wise to appoint an attorney in the UK who is empowered to deal with your UK affairs

I am going to continue with a few suggestions next week on matters relating to taxes and finance…and more.

Kim Brown
The Overseas Guides Company
Visit my website at: http://www.emigrationguide.com/

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