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Can we claim tax back If we are not a citizen of this country?

6 replies

BlueGreen · 23/04/2011 03:01

Hi,

I have a friend who workes as a maternity nanny. She has been living in this country for 10 years but worked for 5-6 years. She now decided to go back to her country(non EU country). She heard from her friend that when she leaves the country she can claim all the taxes, NI etc, back. Is that right? Can she claim back?

Thank you.

OP posts:
Chil1234 · 23/04/2011 07:22

I think her friend is mistaken and that the relevant HMRC article is here Someone is lliable for UK income tax if they are a 'resident' defined as follows.

? If you're in the UK for 183 days or more in a tax year, you're resident for that year for tax purposes.
? If you come to live in the UK permanently or to remain for three years or more you're resident from the date of arrival.
? You're also treated as resident if you're in the UK for an average of 91 days or more in a tax year - worked out over a maximum of four consecutive tax years.

It goes on to say that if you are classed as a 'resident' then you are liable for tax on all work done in the UK. If she leaves part way through the tax year and hasn't earned over the personal allowance threshold then she can claim back the tax paid on that part. Otherwise, tell her friend 'nice try' :)

BlueGreen · 23/04/2011 10:31

Thank you Chil1234. Just to add tho I think she can claim past 2 years tax. I know this as many Austrailan and Kiwi nannies do that.

OP posts:
Chil1234 · 23/04/2011 11:32

Not according to the HMRC advice, but there's nothing to stop her applying.

LIZS · 23/04/2011 11:37

Don't think so but if she were to leave part way through this tax year (ie within 6 months) she may be able to claim tax already paid on income for 2011/12. However she may then declare it as income in her own country.

BlueGreen · 23/04/2011 11:57

How can she declare it as an income in her country? She didn't work there. If she didn't earn over the threashold here she doesnt need to pay any tax here in UK and because she didn't earn that money in her native country she shouldnt be paying any tax after she move to her own country. Am I wrong?

OP posts:
LIZS · 23/04/2011 12:35

Depends, if she has to do a return in her home country she would be asked about other sources of income.

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