Non-Resident UK Status and CSA/CMEC liability

M

Mark148

New Member
Guys,

Am after some advise on what you are liable for from the CSA/CMEC perspective when your UK residency status is 'Non Resident'. All advise would be much appreciated as I like to get into the weeds on this type of info when having to deal with a Psychotic ex and the fourth Reich (CSA/CMEC)

Thanks:)
 
Hi Mark, I have many a dealing with the CSA (ohhh what joy), the only company that will pose a problem when working overseas, is G4S, that is because the company is 58% UK owned, so therefore this would deem your salary as UK based, so they would be able to do an attachment of earnings order onto this, if you are working for other companies that are not UK regisitered then even if your status is deemed to be habiltually resident (if you have an account, home in the UK you will be, regardless of your tax status) then they cannot base assements on income from a foreign employer and therefore your assesment should be NIL. Old rules however is different so would need to see what rules your on.. Hope this helps

Anna Cooperwhite
Whittaker & Co
anna@whittakerandco.com
 
Anna,

Many thanks for your prompt and extremely helpful response. I have also had a good look at your web site and will no doubt be in touch in the near future.

Once again, many thanks

Mark
 
No problem, here is an email from CSA, regarding a new rules case, of a guy they deemed to be habitually resident in the UK. Can be extremely useful if there are some of you dealing with the CSA currently and getting no where, just cut and past the text for your letter... Anna

[FONT=&quot]Subject: RE: advice and guidance information
Date: Wed, 18 Aug 2010 10:03:49 +0100
From: @CSA.GSI.GOV.UK
To: @hotmail.com[/FONT]
[FONT=&quot]Hello [/FONT]

 [FONT=&quot]I have today received a full response from our Advice and Guidance Unit in respect of your case with us.[/FONT]

 [FONT=&quot]They have taken legal advice which has indicated that, although you are deemed to be habitually resident in the UK, as your earnings are not subject to UK tax and not paid by a company registered in the UK, they can not be treated as "earnings" under Child Support law.[/FONT]
 [FONT=&quot] This means that although the Agency has jurisdiction to calculate maintenance in your case your earnings can not be treated as earnings for child support purposes and your assessment will be revised back to the initial effective date and will be a nil assessment.[/FONT]
 [FONT=&quot]A revision will be completed as soon as possible. Please can you confirm if your notifications re this can be sent to the c/o address you supplied previously.[/FONT]

 [FONT=&quot]I have been unable to contact PWC by phone so have written to her today to advise her of this.[/FONT]

 [FONT=&quot]Complex Case Team[/FONT]
 [FONT=&quot]Debt Enforcement[/FONT]
 
Hi All, new here and having snags with the ex and the CSA, just out of the core and been offered a job With KBR in Afghan, but not sure what the situation with the CSA would be i pay via DEO at present which will end next month as thats my last payday, ex being a money grabbing bitch as usual, have offered to carry on paying what she already gets but she wants more am bit worried bout the changes being talked about.
so two questions really
A can she get more from me
B will the 2011 changes where they go straight to HMRC effect me if i become a non uk tax payer??
cheers guys
 
Hi there, couple of things, firstly need to establish which set of CSA rules your on, Old or New, before 2003 or after?? Should you be on new rules, then CSA need to be informed of a change of circumstance, in that your future is taking you overseas to work, CSA will never agree with you being an expat as they are able to view credit files, so therefore, if you have mortgage, bank accounts, credit cards, you will always be deemed UK resident, and this is where a lot of guys appointing solicitors have fallen down in the past, as they are keen to have themselves deemed as non resident. So, UK resident you are, what can they do, if you are on new rules, then basically there own Advice & Guidance clearly state that they can not assess any income from overseas, so therefore even though the case will remain open, to Parent with Care will be advised the assesment will be Nil. Whittaker & Co, can act on behalf of you with CSA and would need a letter of authority todo so...... Hope this helps................ Anna
 
hi thanks its new rules, get told so many different stories ithard to know where to turn, will look at your site Anna! So basicaly the ex would be stupid to refuse the offer of direct payment! so if the company have uk payroll does the advice on a nil assesment apply? thanks again
 
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???? so hes domicile in the UK ( when not working) and would be required to file a UK tax return to HMRC stating clearly any foreign income/earnings. I doubt HMRC would wear a claim that he returns without a penny coming back and being spent?

Given that he makes a tax return declaring his foreign income how does he avoid that being used for CSA assessment???
 
As a non-resident foreign income is not required on the supplement form of a Self Assessment as long as the rules of 'HMRC6 8.5 Leaving the UK to work abroad as an employee' are adhered to. The amount of days spent in the UK are declared on the form and not the income.

Working in a 'non-res' environment with an offshore employer CSA's own advice and guidance state that once parliament passed the new rules back in 2003 CSA cases may not be closed, however income from an offshore employer could not be assessed therefore giving a nil assessment to the parent with care. However if a tax return was to be completed for a non resident individual, due to UK income, this is the only income CSA could assess.

Just because someone is declared as non-resident does not mean they are not a citizen of the UK. They are still a UK passport holder. HMRC are the ones that made the rules and regs for individuals working overseas see HMRC6. Parliament passed the rulings in regards to CSA, on assessing foreign income. As the Self Assessment record is a legal document this also needs to be provided to CSA. If all rules are adhered to then the assessment will not include foreign income.
 
hi quick update and help needed please.
Had a private arrangement with the ex, paid every month, CSA informed months ago, then 2 days ago got a call out of the blue from CSA saying was i working yet blah blah blah, told them we had private agreement and to go away . they then "according to my ex wife" rang her and said did she want them to go to the Tax man and she probs wasnt getting enough money outta me. Am furious , yes i work away now, got a NT tax code but the company (huge American COmpany) have a uk office, so A is it worth putting in a complaint about the CSA behaviour as they failed to note 6 months ago that we had a private arrangement and B can they screw me over as the company has a uk office? HELP! am worried Sick
 
solutions,..

sinner64 said:
hi quick update and help needed please.
Had a private arrangement with the ex, paid every month, CSA informed months ago, then 2 days ago got a call out of the blue from CSA saying was i working yet blah blah blah, told them we had private agreement and to go away . they then "according to my ex wife" rang her and said did she want them to go to the Tax man and she probs wasnt getting enough money outta me. Am furious , yes i work away now, got a NT tax code but the company (huge American COmpany) have a uk office, so A is it worth putting in a complaint about the CSA behaviour as they failed to note 6 months ago that we had a private arrangement and B can they screw me over as the company has a uk office? HELP! am worried Sick
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Firstly, nothing written here will serve you as well as some cash spent with a good accountant (preferably chartered). If you are domicile in the UK ( have property, visit the country, have kids etc) then the CSA/HMRC can basically do as they please. Fighting them can be lenghty and costly.

If you no longer live in the UK and have no immediate intention to return, then you could ignore them. That in turn may get sticky if they demand you surrender your Passport.

If your employer has a registered or representative office then they can demand that said employer makes direct deductions from your earnings. Again this is complex tax law and it might be argued that you are paid outside of the UK and can only be taxed on the income returning to the UK.

If your wife is satisfied with your previous arrangement then get something in writing from her to that effect and through an accountant get him to notify the CSA that any action is pointless and probably outside their remit?

Seek professional advice,...the expenditure is worth it!
 
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