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Found 2 results

  1. Hi again, My wife and I moved to Oz from UK in 2011, were AU residents 2011-16, and citizens 2015-16. We're now back in the UK, and belatedly filing our 2015-16 AU Tax Return. Since we were renting out our UK house, around half-way through our AU residence, we paid off enough of the mortgage that we started receiving a moderate net income from the house that was still well within the personal allowance. All the time we were in AU, we were declaring the net income on our AU tax return, and paying tax on it. So - I was doing the 2016 return, and I had forgotten how we had declared the house the previous year. I did some googling, and came to the conclusion that we should declare it in the UK. HMRC general advice on dual taxation UK - AU dual taxation convention Specifically the text is: ARTICLE 6 Income from real property 1 Income derived by a resident of a Contracting State from real property may be taxed in the Contracting State in which the real property is situated. 2 The term "real property" shall have the meaning which it has under the law of the Contracting State in which the property is situated. The term shall in any case include: (a) a lease of land or any other interest in or over land; (b) property accessory to real property; So - it seems we should have been assessed for tax on it in the UK primarily, in which case it would be within the UK personal allowance, and no tax paid. Hence no tax paid in AU either? This HMRC consultation from 2014 about removing the personal allowance for non-residents appears to confirm the case, by virtue of the fact the consultation sees it as a loophole that HMG want to close! So, my questions are: Am I reading this right? Can I declare it on my UK tax return, and pay nothing on my AU tax return? If we've been doing this for 2011-14, can we re-file previous years' returns to reclaim the tax paid in those years, if significant? How far back should tax be reassessed (as I think we were originally claiming a deduction on a net loss on the house of mortgage over rental income during around 2011 to ?) Many thanks! Damo
  2. http://www.gmtax.com.au/2014/03/uk-budget-2014-issues-of-importance-to-non-uk-residents/ Nothing yet locked in, but the UK seems to be heading in the same general direction as Australia in the way it taxes non residents. See also Andrew Williams' posting on UK pension changes, which again are moving towards the Australian model in terms of accessing the fund at retirement age. Best regards.
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