overseas workday relief; london accountant; farringdon accountant; wimbledon accountant

Guide to overseas workday relief in the UK

Guide to overseas workday relief in the UK

Are you a non-domiciled UK resident working abroad and curious about your tax obligations? If so, you’ve come to the right place. This article provides an in-depth look at a valuable tax relief known as Overseas Workday Relief (OWR) in the UK. We’ll explore what it is, how it works, who’s eligible, and how you can benefit from it.

Please note that this information can be complex, and it’s always a good idea to consult a trusted UK tax specialist when making any decisions. Our CIMA-registered accountants at CIGMA Accounting would be happy to assist with any of your personal or corporate tax needs. Go to our contact page to book a free consultation.

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What is Overseas Workday Relief (OWR)?

Overseas Workday Relief is a tax relief available to UK non-domiciled residents who work abroad during the tax year and utilise the remittance basis of taxation. It allows them to legitimately avoid paying tax on earnings from a UK employment when duties are performed wholly or partly overseas. Usually, any UK tax-resident with UK employment income is required to pay tax on all such income. However, OWR provides an exception to this rule for non-doms who work outside the UK as part of their employment.

Who is Eligible for Overseas Workday Relief?

To claim OWR, you must meet certain criteria. You must:

  1. Be a non-dom (non-domiciled) in the UK and utilise the remittance basis of taxation.
  2. Have been considered a non-resident of the UK for the previous three tax years but be considered a UK tax resident in the year you’re claiming the tax relief.
  3. Perform some or all your work duties outside of the UK.

How Does Overseas Workday Relief Work?

OWR operates on the remittance basis of taxation, which means that you are only taxed on the income you bring into the UK. To benefit from OWR, you must pay your foreign-earned income into a non-UK bank account and not remit the earnings to the UK. This process requires keeping accurate records of your movements and work records to provide evidence you have not remitted any foreign-earned funds into the UK.

To be eligible for tax relief, the account should be held in your name and contain less than £10 at the beginning of the tax year. Ideally, the account should only ever have employment income credited to it so that it qualifies as a special mixed fund.

Once you’ve established your tax residence status and you’re considered a UK tax resident, it’s important to start tracking the number of days you’ve worked outside the UK. The real benefits of OWR are for non-doms earning in the highest tax band (over £125,000 per year) who subsequently work for 10% or more of the tax year outside the UK. If someone meets this basic criteria, £12,500 of their income would be exempt from UK tax, saving them £5,625 (i.e., 45% of £12,500).

Claiming Overseas Workday Relief

To claim OWR, you need to provide proof that you worked outside the UK for a UK employer. This requires keeping records of the days you worked overseas along with supporting evidence, such as travel documents and copies of your work calendar. Remember, this is all done via your UK Self-Assessment Tax Return and may require specialist advice to ensure you’re making disclosures with reference to best practice.

Given the complexities around non-doms, the Remittance Basis of taxation, and OWR, it’s highly recommended that people wishing to make use of these schemes seek advice before making decisions. A UK tax specialist can advise you on the most tax-efficient strategy for working in the UK, help you plan your time, and help you keep suitable records to ensure you can benefit from OWR.

In conclusion, if you’re a non-dom UK resident working abroad, the OWR can offer significant tax savings. With careful planning and expert advice, you can optimise this tax relief and ensure that you’re in compliance with UK tax laws.

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how to claim double taxation relief in the UK; london accountant

Double Taxation: How to Claim Relief for Foreign Income

Double Taxation: How to Claim Relief for Foreign Income

If you earn income from a foreign source, you may find yourself in a situation where you’re taxed twice — both by the country where your income originates and by the UK. However, the good news is that you can often claim tax relief to recover some or all of the additional tax you’ve paid. In this blog post, we’ll explore the process of claiming relief for foreign income in an easy-to-understand manner.

This post explores double taxation for UK residents. There is a separate process for UK non-residents who are being taxed on their UK income by the foreign country in which they reside.

 

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Claiming Relief Before Being Taxed on Foreign Income

In some cases, you may need to apply for tax relief in the country where your income is generated before it is taxed. This is typically applicable when:

  1. Your income is exempt from foreign tax but is taxed in the UK (e.g., most pensions).
  2. It is required by the double-taxation agreement between the two countries.

To initiate the process, you should contact the foreign tax authority and request the appropriate form. If there is no form available, you can apply by letter. Before applying, you must prove your eligibility for tax relief. You can do this by either completing the form and sending it to HM Revenue and Customs (HMRC), who will verify your residency status and return the form to you, or by including a UK certificate of residence if you are applying by letter. Once you have obtained proof of eligibility, you should send the form or letter to the foreign tax authority.

Claiming Relief After Paying Tax on Foreign Income

If you have already paid tax on your foreign income, you can generally claim Foreign Tax Credit Relief when reporting your overseas income in your tax return. The amount of relief you receive depends on the UK’s double-taxation agreement with the country where your income originates.

Even if there is no specific agreement in place, you will usually still be eligible for relief unless the foreign tax does not correspond to UK Income Tax or Capital Gains Tax. If you’re unsure about whether you qualify for relief or need assistance with double-taxation relief, don’t hesitate to reach out to us at CIGMA Accounting for assistance.

Determining the Amount of double taxation Relief

It’s important to note that the full amount of foreign tax paid may not be refunded to you. The relief you receive will be reduced if:

  1. The double-taxation agreement specifies a lower relief amount.
  2. The income would have been taxed at a lower rate in the UK.

HMRC provides guidance on how Foreign Tax Credit Relief is calculated, including special rules for interest and dividends, which can be found in their ‘Foreign notes’ section. However, it’s essential to remember that you cannot claim this relief if the UK’s double-taxation agreement requires you to claim tax back from the country where your income originates.

Capital Gains Tax

When it comes to Capital Gains Tax, typically, you’ll pay tax in the country where you are a resident and be exempt from tax in the country where the capital gain occurs. Usually, you won’t need to make a claim for relief.

However, there is an exception for UK residential property. Regardless of your residency status, you are required to pay Capital Gains Tax on any gains made from UK residential property.

When to Claim Capital Gains Relief

The rules for claiming relief vary depending on the nature of the asset generating the gain. If the asset cannot be taken out of the country, such as land or a house, or if it is used for business purposes in that country, you’ll need to pay tax in both countries and seek relief from the UK.

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double tax treaties in the UK: what they are and how to claim after being taxed twice; london accountant; farringdon accountant

Understanding double tax treaties in the UK

Understanding double tax treaties in the UK

Double tax treaties, also known as double taxation agreements, play a vital role in facilitating international trade and investment by preventing double taxation. These agreements are designed to provide relief and clarity to taxpayers operating across borders. In this blog post, we will explore the concept of double tax treaties, examine their impact on taxpayers, and shed light on the countries with which the United Kingdom (UK) has such treaties.

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What are Double Tax Treaties?

Double tax treaties, also known as tax conventions or tax treaties, are agreements established between two or more countries to resolve potential conflicts regarding taxation. These treaties aim to eliminate or reduce instances of double taxation, where the same income is taxed by more than one jurisdiction. By doing so, they help avoid situations where taxpayers could be subjected to excessive tax burdens, fostering a favourable environment for cross-border trade and investments.

Double tax treaties typically address several key aspects, including:

Tax Residency
Determining an individual or entity’s tax residency status is essential to determine which country has the primary right to tax their income.

Income Categories
The treaties define the various types of income, such as dividends, interest, royalties, and capital gains, and allocate taxing rights between the countries involved.

Avoidance of Double Taxation
The agreements specify mechanisms to avoid double taxation, such as granting exemptions, providing tax credits, or applying a reduced tax rate.

Exchange of Information
Double tax treaties often include provisions for the exchange of information between tax authorities to prevent tax evasion and ensure compliance.

 

Which Taxpayers are Affected by double taxation agreements?

Double tax treaties impact different categories of taxpayers engaging in international activities. These include:

Individuals
Individuals who are tax residents of one country but earn income in another are directly affected by double tax treaties. These can include employees working abroad, students receiving scholarships, or retirees receiving pensions from foreign sources.

Businesses
Multinational corporations, small and medium-sized enterprises (SMEs), and sole proprietors engaged in cross-border trade or investment activities are significantly affected. Double tax treaties provide clarity on the taxation of business profits, dividends, interest, and royalties, avoiding potential tax burdens.

Investors
Individuals or entities investing in foreign countries may be subject to various taxes, including capital gains tax. Double tax treaties can help mitigate the impact of such taxes by providing relief or reducing tax rates.

 

Which countries have Double Tax Treaties with the UK?

The UK has an extensive network of double tax treaties with numerous countries worldwide. These treaties aim to promote international trade and investment by facilitating fair and efficient tax treatment. Here are some notable countries with which the UK has double tax treaties:

United States
The UK US double tax treaty helps prevent double taxation on income and capital gains for individuals and businesses operating across these two countries.

Germany
The double tax treaty between the UK and Germany addresses various aspects of taxation, including business profits, dividends, interest, and royalties, benefiting taxpayers from both nations.

France
The double tax treaty between the Uk and France focusses on avoiding double taxation, determining tax residency, and ensuring effective exchange of information, benefiting taxpayers in both countries.

China
The UK and China have a double tax treaty that helps avoid double taxation and provides relief for individuals and businesses earning income in both jurisdictions.

These examples represent only a fraction of the countries with which the UK has double tax treaties. The UK’s extensive network of such agreements enhances certainty, reduces barriers, and encourages cross-border economic activities.

 

How to claim tax relief if you are taxed twice

To claim relief on foreign income and avoid being taxed twice, there are a few important steps to follow. If you haven’t been taxed yet, you should apply for tax relief in the country where your income originates by contacting the foreign tax authority and submitting the necessary form or letter. If you’ve already paid tax on your foreign income, you can claim Foreign Tax Credit Relief when reporting your overseas income in your UK tax return.

The amount of relief you receive depends on the double-taxation agreement between the UK and the country where your income is from. Make sure to consult HM Revenue and Customs (HMRC) or seek professional tax advice if you have any uncertainties or need assistance with double-taxation relief.

You can also read our full post on claiming relief for double taxation.

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Worldwide Disclosure Facility United Kingdom

Worldwide Disclosure Facility tackles tax avoidance

If you have offshore tax issues, the Worldwide Disclosure Facility (WDF) may be the solution for you. Launched in 2016, this program allows taxpayers to come forward and disclose their tax liabilities to HM Revenue & Customs (HMRC) without fear of criminal prosecution. In this article, we will discuss the key benefits of the WDF, why you may not avoid tax penalties, and why offshore tax avoidance is a serious issue that needs to be addressed.

What is the Worldwide Disclosure Facility?

The WDF is a program that allows taxpayers to voluntarily disclose their UK tax liabilities that relate wholly or partly to an offshore issue. This includes unpaid or omitted tax on income, assets, or activities carried out outside the UK. The WDF is available to individuals, companies, trusts, and other entities with offshore tax issues.

voluntary disclosure hmrc; tax penalties; tax avoidance; offshore tax; worldwide disclosure facility

What are the benefits of making a disclosure through the Worldwide disclosure Facility?

One of the main benefits of the WDF is that it allows taxpayers to come forward and disclose their offshore tax issues without fear of criminal prosecution. If HMRC discovers your offshore tax liabilities before you disclose them, you could face criminal charges, including a custodial sentence.

By making a disclosure through the WDF, you can avoid these criminal risks and reduce the penalties and interest charges that would otherwise be imposed. The WDF also allows taxpayers to take advantage of a more straightforward process for making a disclosure, with HMRC committed to responding quickly and efficiently to disclosure submissions.

 

What are the costs and criminal risks of offshore tax avoidance?

Offshore tax avoidance is a serious issue that can lead to criminal prosecution, fines, and reputational damage. Taxpayers who fail to disclose their offshore tax liabilities can face significant penalties and interest charges, including a potential 200% penalty on the tax owed.

In addition, HMRC has the power to investigate offshore tax issues, which can be a costly and time-consuming process. The reputational damage that comes with being associated with tax avoidance can also be significant, both for individuals and companies.

Why is combating tax avoidance important?

Tax avoidance is a global issue that deprives governments of much-needed revenue and can lead to inequality and economic instability. By cracking down on offshore tax avoidance, governments can ensure that everyone pays their fair share of taxes and help to create a more level playing field for individuals and businesses.

In the UK, HMRC is committed to tackling offshore tax avoidance and has a range of measures in place to deter taxpayers from engaging in such activities. The WDF is just one of these measures, but it provides a valuable opportunity for taxpayers to come forward and put their tax affairs in order.

How you can mitigate tax penalties and criminal risk using the worldwide disclosure facility

If you have offshore tax issues, the WDF may be the solution for you. Read our in-depth article on how to approach WDF to make a voluntary disclosure.  By making a voluntary disclosure through the WDF, you can avoid criminal prosecution and reduce the penalties and interest charges that would otherwise be imposed. Offshore tax avoidance is a serious issue that can lead to significant costs and risks, both financially and reputational.

We at CIGMA Accounting would be happy to assist you with applications to the WDF or any of your other accountancy needs. Contact us for a free consultation.

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do i need to pay tax on foreign income; london accountant

Do I pay UK tax on foreign income?

Figuring out whether you need to pay tax on income earned outside of the UK depends on whether HMRC classifies you as a ‘UK Resident’.

If you are not classed as a UK Resident, you will not pay tax on your foreign income. UK Residents will pay UK tax on all of their income, no matter where it was earned. There are some special exceptions for those who permanently live abroad – we’ll cover those later.

Do I count as a UK Resident?

Your residence status usually depends on how many days you spend in the UK every year. This refers specifically to the tax year, which is 6 April to 5 April in the following year.

This means you need to pay attention to exactly when in the year you are abroad, and not count your year as 1 January to 31 December.

To be a UK Resident, you must:

  • Pass one or more of the automatic UK tests.
  • Fail all the automatic overseas tests.

If you pass any overseas tests, you’ll count as a non-resident for tax purposes.

OVERSEAS TESTS

You will count as a non-resident if either of the following apply:

  • You spent fewer than 16 days in the UK (or 46 days if you have not been a UK resident for the 3 previous tax years).
  • You worked abroad full-time (averaging at least 35 hours a week), and spent fewer than 91 days in the UK, of which no more than 30 were spent working.

UK TESTS

You pass the automatic UK residency test if:

  • You spent 183 or more days in the UK during the tax year.
  • Your only home was in the UK for 91 days in a row or more AND you visited it for at least 30 days during the tax year.
  • You worked full-time in the UK for 365 days, and at least one of those days were in the relevant tax year.
do i need to pay uk tax on foreign income; london accountant

Is there an easy way to check my residence status?

You can use the government’s online residency checking tool here. You will need the following details:

  • How many days you spent living and working in the UK and abroad.
  • Roughly how many hours a week you worked.
  • Family you have in the UK.
  • Details of your home in the UK.

What if I live abroad?

If you have your permanent residence overseas, you may be classed as a ‘non-domiciled’ resident. This may get complicated to work out. If you’re unsure, don’t hesitate to contact us here or fill in the form at the bottom of the page – our accountants would be happy to assist you.

If you are ‘non-domiciled’, you will not pay UK tax on foreign income if:

  • The foreign income totals less than £2,000 in the tax year; AND
  • You do not bring them into the UK, for example by transferring them to a UK bank account.

If you earn more than £2,000 in foreign income, you will still have to pay UK tax on it. However, you may be able to claim it back if you have been taxed twice.

What if i'm getting taxed twice?

You can usually claim back some or all of the extra amount when you are taxed both in the UK and the country the income is from.

You can either apply for tax relief before you get taxed or after. If you have not yet been taxed, you will have to apply to the foreign tax authority. If you’ve already been taxed on the income, you can claim tax relief when you report the foreign income on your tax return. You can read our full post on how to claim tax relief when on double taxation.

The amount you get back will depend on the specific double-taxation agreement the UK has with the foreign country. You can click here to read our full post explaining the UK’s double tax treaties.

How do I report my foreign income?

You will usually need to fill in a Self Assessment tax return if you’re classed as a UK Resident with foreign income.

However, you will not need to do so if all of the following apply:

  • Your only foreign income is dividends.
  • Your total dividends – including UK dividends – are less than the £2,000 dividend allowance.
  • You have no other income to report.

What if I forgot to declare foreign income?

If you realise that you owe HMRC tax on foreign income, you will have to make a voluntary disclosure. You can find a guide to this process here.

This is preferable to waiting and hoping nobody notices, as you will be liable for much higher penalties if you find yourself with a notice from HMRC’s Worldwide Disclosure Facility.

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Guide to Worldwide Disclosure Facility Disclosures

HMRC Worldwide Disclosure Facility (WDF) for Dummies

The WDF came into effect on 5 September 2016. In essence, the WDF was an initiative created to prevent tax evasion by using offshore accounts and investments. The WDF consists of over a 100 countries that monitors, tracks and shares information regarding offshore income. 

Do I Need to Be Worried About WDF? 

No. You should not be worried about WDF. However, you should be aware of who the WDF is, what they do and your responsibilities if you are currently making an income from an offshore account or investment. 

 

A good summary of who needs to be aware of HMRC Worldwide Disclosure Facilities are listed below: 

 

  • Any type of unpaid or omitted tax arising from offshore income, assets or activities for the tax years up to and including 2019 / 2020 tax years. 
  • Unpaid or Omitted tax from income occurring from outside of the United Kingdom
  • Unpaid or Omitted Tax relating to assets outside of the United Kingdom
  • Unpaid or Omitted Tax relating to activities and business practices conducted outside of the United Kingdom
  • Funds connected to unpaid UK tax that were transferred or owned outside the UK


If you are receiving any type of income, or owning  assets that are situated outside of the UK, and you have not paid taxes on them, you need to continue reading this article to see what you can do to rectify the situation.

International Tax Disclosure UK

Types of  Disclosures 

It is important to note that there are two main ways to make a disclosure, namely voluntary disclosure or Prompted Disclosure: 

  1. Voluntary Disclosure

Voluntary disclosure means you contact the HMRC prior to any letters or notifications from the HMRC Worldwide disclosure facility. You benefit in this case as the penalties may be lighter due to your diligence and proactiveness in attempting to resolve unpaid tax issues. This type of disclosure has a standard penalty of 200% PLR (Potential Lost Revenue), however a minimum PLR of 100%. Therefore, it is favorable to voluntarily disclose to the HMRC before they contact you. 

  1. Prompted / Non-Voluntary Disclosure

The HMRC have been continuously sending out letters as of 2020 to individuals that are classified as “at-risk”. These letters are referred to as “nudge” letters and serve as an opportunity for individuals to send in documentation of having all tax affairs in order, or to disclose any unpaid or inaccurate tax payments. This type of disclosure has a standard of penalty of 200% PLR (Potential Lost Revenue), however a minimum PLR of 150%. This means it is at least a 50% higher penalty than when voluntarily disclosed. 

How to Make Voluntary Disclosure

It is recommended that you make a voluntary disclosure as soon as you realise there may be discrepancies in offshore tax paid, or any unpaid taxes relating to international income. The HMRC is more likely to rule on lighter penalties on those who voluntarily disclose. 

Step 1: Reach Out To Your Accountant

According to Article 6 of the European Convention on Human Rights you have the right to seek out a professional advisor. An accountant can assist you in sorting through your finances and helping you to possibly lower the penalties paid. A professional accountant is up-to date with all the latest processes, procedures and legislation regarding the Worldwide Disclosure Facility and can assist you in understanding the process.

Consider the accountant’s advice and service offering to decide whether you want to go ahead and disclose yourself, or use the services of a qualified accountant to handle the disclosure process for you. 

Step 2: Register for Digital Disclosure Service (DDS)

Visit the Digital Disclosure Service Portal and register. You will need the following information to register: 

  • Full Name
  • Physical Address
  • National Insurance number
  • Unique taxpayer reference, known as a ‘UTR’
  • Date of Birth
  • Name, reference and contact details of any agent acting on your behalf (if applicable)

If you are making use of a tax advisor, you can complete form COMP1a to authorise HMRC to deal with your tax advisor directly. 

Step 3: Documentation and Calculation

We highly recommend making use of services like CIGMA Accounting for this part of the process as it can be time intensive and require knowledge of current legislation and procedures. You have 90 days to do the following: 

  • Gather all information you need to fill in your disclosure 
  • Calculate the final liabilities including tax, duty, interest and penalties
  • Fill in your disclosure, using the unique disclosure reference number (DRN) provided by HMRC

The HMRC has the right to ask for any additional documentation to support the disclosure. 

Step 4: Wait for Feedback

The HMRC will acknowledge the receipt of your disclosure within 15 working days. It can take up to 90 days thereafter to inform you of the intended course of action.

Voluntary Disclosure Steps

I Got a Letter from HMRC WDF, what now? 

Okay. Don’t go into a full-on panic mode. There are a few simple steps to follow if you’ve received a letter from the HMRC regarding the Worldwide Disclosure Facility. Let’s look at what you can do: 

Step 1: Know The Process

You’re here, so we’re assuming that you are gathering information about what this is all about. That is good! We hope that you have a better understanding of what the HMRC WDF is and why it was established. 

Step 2: Contact HMRC

Information is power. Contact HMRC to find out whether the letter is referring to any specific assets, income or activities. While they are not obliged to offer any information to you, if they do, it can narrow down the review of your tax affairs. 

Step 3: Speak to a Tax Advisor

Make use of a tax advisor or accountant to investigate any and all offshore activities to ensure that there are no problems. Work collaboratively with your advisor to determine exactly what needs to go on the disclosure forms. 

Note: A declaration is a legal document. Therefore, a false declaration is a criminal offence. Therefore, it is important that you have an advisor and know the process before making any disclosure to the HMRC. 

The Good News

As mentioned at the beginning of the article CIGMA Accounting has a 99.9%  success rate when it comes to Worldwide Disclosure Facilities. That means 99.9% of our clients did not pay ANY penalties. 

While it can be daunting, it really isn’t something to lose sleep over if you have an accountant and tax advisor working on it on your behalf. 

So if you’ve gotten a HMRC letter, reach out to us! We can help you.

HMRC launch offshore property owners campaign

HMRC launch offshore property owners campaign

It has been reported by the Chartered Institute of Taxation (CIOT) that HMRC is to launch a new campaign to tackle non-compliance linked to offshore corporates owning UK property. HMRC has conducted a review of non-resident corporate owners of UK property using data from the Land Registry and other sources. This review has helped HMRC identify offshore property owners that may not have fully met their UK tax obligations. 

HMRC is now expected to write to those identified, encouraging them to review their UK tax position and if necessary to make a disclosure to HMRC if any issues are identified. There are two different letters that may be sent. The first, titled ‘Disclosure for Annual Tax on Enveloped Dwellings/Non-Resident Landlord liabilities’ and the second titled ‘Disposal of interest in UK residential property’. Both letters also recommend that the companies should ask connected UK-resident individuals to ensure their personal tax affairs are up to date in respect of the related anti-avoidance provisions. 

There are higher penalties for offshore tax non-compliance. In certain circumstances, these penalties may be reduced. The largest reductions are for unprompted disclosures. The penalty also varies depending on whether the errors are careless, non-deliberate, deliberate or deliberate and concealed.

It should also be noted that a new Register of Overseas Entities was recently launched by Companies House. This register requires overseas entities that own land or property in the UK to declare their beneficial owners and / or managing officers. Overseas entities that already own UK property are required to register with Companies House and provide details of their registrable beneficial owners and / or managing officers by 31 January 2023. This applies to overseas entities who bought property or land on or after 1 January 1999 in England and Wales, 8 December 2014 in Scotland and on or after 1 August 2022 in Northern Ireland. 

Source:Other| 07-11-2022