AnnaC-Whittaker&Co
Full Registered User
HIGHLY IMPORTANT INFORMATION
The recent documentary by the BBC on the Gains-Cooper tax repayment has caused quite a stir and I want to put all of your minds at rest ASAP.
I have had a number of emails with the link attached and I will try and make this statement as easy as possible to get your heads round, if you’re still unsure then please do email me straight away.
The guy in question was trying to rip off HMRC, here was a guy that had 2 mansions in the UK, 19 rolls Royce’s and 5 businesses and was trying to use the 90 day rule to get out of paying tax on it,
Because he did spend under 90 days in the UK and his visits were to attend board meetings, HMRC’s old rules did state that if you only had incidental duties in the UK then non residency could be granted. Incidental duties being only attending board meetings.
So this guy was actually trying to use and abuse this rule. HMRC in the end had him and he had not a leg to stand on, because the fact remained, he actually was making a huge profit from the businesses in the UK (so therefore regardless of the 90 day rule he had huge interests in the UK) and duties to pay in the UK with having the houses and cars.
So, HMRC brought into effect the new updated rules that would eliminate anyone even trying to not pay tax and bend and abuse the rules with the new HMRC 6 booklet.
HOWEVER WHAT HAS NOT CHANGED IS THE FOLLOWING.
Anyone working overseas that has a contract for this work whether full time or part time and spends no more than 90 days in the UK will not pay tax on their income as long as they have no other incidental duties in the UK which would jeopardise their non residency.
i.e. COMING BACK TO THE UK TO WORK WHEN ON LEAVE
AND, FULLFILLNG DIRECTOR ROLES WHEN ON LEAVE IN THE UK
Having properties, UK bank accounts, credit cards etc etc is NOT AN INCIDENTAL DUTY IN THE UK SO THEREFORE DOES NOT AFFECT YOUR RESIDENCY STATUS (THIS STATEMENT COMES STRAIGHT FROM THE HEAD OF NON RESIDENCY WITH HMRC)
Any questions or issues, email me - whittakerandcoy@hotmail.com or call me 01686 610662.
Anna