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Posted

Hi all,

I just wanted to get people's opinion on a question I had; I'm sure many of you have been in the same situation!

I'll just give brief details of my situtaion. I moved over to USA on a K-1 visa in January 2010, becoming a green card holder in July 2010. Prior to moving over, I had been working in the UK for around 5 years. This got me thinking about my earning's during that period and the income tax/National Insurance I was paying and if I could qualify for a refund.

Having done some brief research, I managed to find the following on the DirectGov website:

Contacting HM Revenue & Customs when you leave the UK

If you have left or are about to leave the UK you must tell HM Revenue & Customs (HMRC).

If you're not required to fill in a tax return, you'll have to complete form P85 Leaving the UK - getting your tax right. HMRC will use the information on the form to send you any tax refund you're owed and work out if you'll become non-resident. It's important you enclose parts 2 and 3 of form P45 if you have one as HMRC will not be able to make any tax refund due without them. You'll need to send the original versions - photocopies won't be accepted.

If you're leaving the UK to work full-time abroad for a UK based employer for at least a complete tax year, you'll need to fill in a tax return as well as a form P85.

I currently am not paying any UK tax, as you would expect, as all my affilitions from there have gone and it have obviously been a long time since I left the UK.

I would sincerly appreciate if anyone could shed some light on this situation and if it worth me getting in touch with HMRC.

Thank you all for your help!

Jonny

Posted (edited)

Are you asking if you should let them know that you have left? I guess so. I haven't told them yet. I need to get round to that but have savings accounts and a house still to deal with and am not sure of the implications of that. But I worked only part of a year last year and I did claim and receive a tax rebate.

Edited by cathy2904

01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

Posted

Are you asking if you should let them know that you have left? I guess so. I haven't told them yet. I need to get round to that but have savings accounts and a house still to deal with and am not sure of the implications of that. But I worked only part of a year last year and I did claim and receive a tax rebate.

Thanks for the information!

Unlike your situation, I do not have anything over in the UK that I am paying for (only a bank account with very little money in there). The year that I left the UK (tax year April 2009 to April 2010) I only worked from April to August 2009, leading me to think that I may be entitled to a refund. Do you think I have a case?

I will most likely let them know anyway, so none of us get messed around!

Thanks again for your help!

Posted

Thanks for the information!

Unlike your situation, I do not have anything over in the UK that I am paying for (only a bank account with very little money in there). The year that I left the UK (tax year April 2009 to April 2010) I only worked from April to August 2009, leading me to think that I may be entitled to a refund. Do you think I have a case?

I will most likely let them know anyway, so none of us get messed around!

Thanks again for your help!

My husband filed the P85 right before he left. They looked into his account and he ended up with around 2000 refund as I recall for over payment spanning two years. He specified the refund to go to his UK bank account. He wasn't sure about parts of the form and a very nice lady walked him through it.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

There's no harm in asking. Could be a nice surprise!

01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

Filed: IR-5 Country: United Kingdom
Timeline
Posted

Yep :thumbs:

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

Posted

Well i did get a tax refund...but they'll only refund you what you earned in the uncompleted tax year.....so if you weren't working through January, then you're unlikely to get a refund.... got a nice refund for the 5 months i worked of last year.....but they see it as if you completed the tax year then the tax is correct...if all is filed correctly....so they will not refund you even if you don't plan on using any of those services you were paying tax for.....good news is if you plan to visit the uk at any time you'll be able to claim back any VAT you pay for anything there....which is pretty much everything :S

My Journey Uk To Usa



K1
I-129f Sent:- 19-Aug-2010
Date of Entry-27-May-2011
Date Married-24-June-2011

AOS
AOS/EAD Sent:08-Aug-2011
Green Card Received: 16-Nov-2011

ROC

i-751 Sent 01-Nov-2013

i-751 NOA1 04-Nov-2013

i-751 Biometrics App. 08-Nov-2013

i-751 Biometrics Completed 29-Nov-2013


Nearly there, and for those who are just starting the k1 it is a long wait but once it is over the time feels well spent

Filed: Citizen (apr) Country: Scotland
Timeline
Posted

I've been here for nearly 3 years and haven't told the government I've left yet. The first year I had my mail forwarded and I got a letter from HMRC telling me I was entitled to a tax refund but it was only for 40 odd quid. I didn't bother claiming it. I will be entitled to part of the pathetic UK pension when I retire because I contributed 25 or so years of NI contributions so I'll probably get round to telling them I've left before I'm 65.

bostonharborpanoramabyc.jpg

"Boston is the only major city that if you f*** with them, they will shut down the whole city, stop everything, an find you". Adam Sandler

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

I've been here for nearly 3 years and haven't told the government I've left yet. The first year I had my mail forwarded and I got a letter from HMRC telling me I was entitled to a tax refund but it was only for 40 odd quid. I didn't bother claiming it. I will be entitled to part of the pathetic UK pension when I retire because I contributed 25 or so years of NI contributions so I'll probably get round to telling them I've left before I'm 65.

I have been here for 2 years and got my tax return to my old address in the UK. My daughter send the cheque to me and i cashed it here...no problem. Take the pathetic 40 pounds as it will be approx 65 Dollars here which you can have a nice Free meal paid by the HMRC...lol. Don't give them anything for nothing as it is your money they took extra from you. I am now trying to claim for my pension from the UK as i worked there for 35 years and will see how much trouble this will be !

Edited by Gabriell
Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Well i did get a tax refund...but they'll only refund you what you earned in the uncompleted tax year.....so if you weren't working through January, then you're unlikely to get a refund.... got a nice refund for the 5 months i worked of last year.....but they see it as if you completed the tax year then the tax is correct...if all is filed correctly....so they will not refund you even if you don't plan on using any of those services you were paying tax for.....good news is if you plan to visit the uk at any time you'll be able to claim back any VAT you pay for anything there....which is pretty much everything :S

They only give you a tax refund if you have worked less than 6 month in that tax year.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

Hi all,

I just wanted to get people's opinion on a question I had; I'm sure many of you have been in the same situation!

I'll just give brief details of my situtaion. I moved over to USA on a K-1 visa in January 2010, becoming a green card holder in July 2010. Prior to moving over, I had been working in the UK for around 5 years. This got me thinking about my earning's during that period and the income tax/National Insurance I was paying and if I could qualify for a refund.

Having done some brief research, I managed to find the following on the DirectGov website:

Contacting HM Revenue & Customs when you leave the UK

If you have left or are about to leave the UK you must tell HM Revenue & Customs (HMRC).

If you're not required to fill in a tax return, you'll have to complete form P85 Leaving the UK - getting your tax right. HMRC will use the information on the form to send you any tax refund you're owed and work out if you'll become non-resident. It's important you enclose parts 2 and 3 of form P45 if you have one as HMRC will not be able to make any tax refund due without them. You'll need to send the original versions - photocopies won't be accepted.

If you're leaving the UK to work full-time abroad for a UK based employer for at least a complete tax year, you'll need to fill in a tax return as well as a form P85.

I currently am not paying any UK tax, as you would expect, as all my affilitions from there have gone and it have obviously been a long time since I left the UK.

I would sincerly appreciate if anyone could shed some light on this situation and if it worth me getting in touch with HMRC.

Thank you all for your help!

Jonny

to answer your question, I also have left the UK and not informed the HMRC ...that's no problem , the only time it will become a problem is when you are getting a regular income from the UK and an income in th U.S.A. as the UK has an agreement with the US for double Taxation. Therefore, for you NOT be taxed from both sides you will need to apply to either side for removal of double taxation. Then it will have to be clear to the HMRC that you are no longer resident in the UK ( have no domicil in the UK) and beeing treated as such.

Jerry

Edited by Gabriell
Posted

They only give you a tax refund if you have worked less than 6 month in that tax year.

Not True, they will give you a tax refund if you've paid more then you should have....regardless of the time period, they give you an tax free allowance so if you worked an amount that didn't exceed that but they took tax they have to give you a refund.....they also will refund you if you've paid more tax....they might only give you an early reund if you didn't work more then 6 months

My Journey Uk To Usa



K1
I-129f Sent:- 19-Aug-2010
Date of Entry-27-May-2011
Date Married-24-June-2011

AOS
AOS/EAD Sent:08-Aug-2011
Green Card Received: 16-Nov-2011

ROC

i-751 Sent 01-Nov-2013

i-751 NOA1 04-Nov-2013

i-751 Biometrics App. 08-Nov-2013

i-751 Biometrics Completed 29-Nov-2013


Nearly there, and for those who are just starting the k1 it is a long wait but once it is over the time feels well spent

Posted (edited)

They only give you a tax refund if you have worked less than 6 month in that tax year.

I have no idea why you would think that. It's not true. Almost anyone who worked less than a full year in the UK and was taxed through their employer under PAYE will be due a tax refund.

Edited by Owen_London
 
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