P85 help

[swji89 41]

Hi all,

A couple of quick questions/clarifications sought regarding the P85:

• I can fill this out when I'm in the States, correct? It's just that I feel my departure is going to be rather rushed and, while I will be telling other organisations (i.e. doctors, dentists etc.) ahead of time, I haven't left my job in the UK yet and certainly won't have a P45 before I depart.

• Also, as I (a) am not leaving for work purposes and (b) can't work on a K1 visa before getting my EAD anyway, do I select 'no' to the question 'Will you be working full time outside the UK'?

Thanks!

[swji89 41]

Sorry to bump, but can anyone help? Thanks!

[Nich-Nick 3,353]

I didn't do that one myself, so not able to help much. I know people have done it after arrival in the states. Concerning the question about will you be working outside the UK, my logic would answer that YES. That's your eventual plan isn't it? To get a job in the U.S.? I think they want to know you are gone for a long time and will not be paying UK taxes any more so they can close out the books on you. I haven't looked at the form to see if there is other context around that question.

I remember when my husband did the form, he rang them up and a very helpful lady walked him through it, question by question.

[Illiria 980]

I did mine after leaving the uk. I didn't have my p45 as I had already used it to do my declaration that I wouldn't work again in that uk tax year, the p85 was very easy to complete. I had already started to work so I answered yes but if I hadn't I probably would have said no if I didn't think I would start work before the start of the next uk tax year.

[swji89 41]

I did mine after leaving the uk. I didn't have my p45 as I had already used it to do my declaration that I wouldn't work again in that uk tax year, the p85 was very easy to complete. I had already started to work so I answered yes but if I hadn't I probably would have said no if I didn't think I would start work before the start of the next uk tax year.

Ah okay.

What 'declaration' is that? The P85 is the only thing I've read about having to do HMRC-wise?

[Illiria 980]

Sorry it was the claim tax refund - https://www.gov.uk/claim-tax-refundit's a P50. I wasn't working for at least 4 weeks before leaving the uk so did this to get my tax refund earlier.

[swji89 41]

Sorry it was the claim tax refund - https://www.gov.uk/claim-tax-refundit's a P50. I wasn't working for at least 4 weeks before leaving the uk so did this to get my tax refund earlier.

Oh I see, okay. Thanks.

I'm going to try and call HMRC again tomorrow to go through how exactly I should answer the employment questions in my situation. Tried on Saturday but on hold for ages and ages and gave up haha.

[Elf 146]

The question about whether you're going to be working fulltime relates to the statutory residence test that was introduced for tax years from 2013-14 onwards.

Assuming that you're planning to work in the US as soon as you have your EAD you should answer Yes, because the period before you get the EAD will be considered a "gap between employments", and those are disregarded when calculating whether the number of hours worked overseas during a tax year is sufficient to count as fulltime.

(The ludicrously complex instructions for calculating "fulltime" hours are in the official Guidance Note: Statutory Residence Test)

And yes, you can file it after you arrive in the US. In fact, I think you have up to four years to claim a refund.

[swji89 41]

This is all so confusing. Just spoke to HMRC on the phone and, as I won't be working straight away the woman told me to put 'no'. Ahhh!

[swji89 41]

I think I can just about wrap my head around those residency rules - convoluted as you say, though!

For anyone who has done it - so, if we assume maybe I should select 'yes' to the fact that I will be working fulltime after leaving the UK (as that's the goal) on the first page, what do I do about the section that says 'income from the UK after you leave' (or something to that affect). While I can click 'no' to income (particularly as my current account doesn't offer any interest plus it would be pennies even if it did, and I've closed down my ISA now) it then asks whether I'm working after leaving the UK in the same section. If you click 'yes' it opens up more boxes for employer details, start date etc. which I obviously haven't got yet because I won't be able to work until EAD. While I would hope to get my EAD by the next UK tax year (!) whether or not I find a job before April 5th is, of course, another matter.

However, as it is under the 'income from the UK section' is this referring to income from UK employers when away - i.e. if I were receiving a salary from a British company whilst working for them remotely in another country or something like that?

Not expecting any help necessarily, but just in case someone can shed some light.

I think, in conclusion, once I receive my P45 to my American address, I'll try and fill it in and post it back and maybe call HMRC up to go through it step-by-step as the woman I just spoken to didn't seem to have much insight to offer when I explained my whole situation. I'm less worried about any refund and more worried about ensuring they don't try and tax me on my US earnings when I do get a job!

[Henley1989 10]

I think I can just about wrap my head around those residency rules - convoluted as you say, though!

For anyone who has done it - so, if we assume maybe I should select 'yes' to the fact that I will be working fulltime after leaving the UK (as that's the goal) on the first page, what do I do about the section that says 'income from the UK after you leave' (or something to that affect). While I can click 'no' to income (particularly as my current account doesn't offer any interest plus it would be pennies even if it did, and I've closed down my ISA now) it then asks whether I'm working after leaving the UK in the same section. If you click 'yes' it opens up more boxes for employer details, start date etc. which I obviously haven't got yet because I won't be able to work until EAD. While I would hope to get my EAD by the next UK tax year (!) whether or not I find a job before April 5th is, of course, another matter.

However, as it is under the 'income from the UK section' is this referring to income from UK employers when away - i.e. if I were receiving a salary from a British company whilst working for them remotely in another country or something like that?

Not expecting any help necessarily, but just in case someone can shed some light.

I think, in conclusion, once I receive my P45 to my American address, I'll try and fill it in and post it back and maybe call HMRC up to go through it step-by-step as the woman I just spoken to didn't seem to have much insight to offer when I explained my whole situation. I'm less worried about any refund and more worried about ensuring they don't try and tax me on my US earnings when I do get a job!

I filled out the P85 the day I left, which was the same day I got my P45. I ticked YES To working abroad as I assumed that was my goal for the future. Awaiting now to see if I get a refund. I should do as I used the calculator and my P45 to plug in the numbers.

I think it might take them a while to get back to me but lets see... I dont know what will happen if ticking YES was a mistake.. Got to wait and find out

[swji89 41]

I filled out the P85 the day I left, which was the same day I got my P45. I ticked YES To working abroad as I assumed that was my goal for the future. Awaiting now to see if I get a refund. I should do as I used the calculator and my P45 to plug in the numbers.

I think it might take them a while to get back to me but lets see... I dont know what will happen if ticking YES was a mistake.. Got to wait and find out

Okay, great. What did you put in the bit where it asked you to give details of your foreign employer?

[Henley1989 10]

Okay, great. What did you put in the bit where it asked you to give details of your foreign employer?

If I recall correctly I left Blank. I dont have an employer here until I get my EAD.

[swji89 41]

If I recall correctly I left Blank. I dont have an employer here until I get my EAD.

Well, exactly. I think I will do that in that case. I had to wait until getting here to fill it out as I left work in the UK too soon to my departure to receive my P45 before hand. It was successfully delivered to my address here, though, so will have to foot the bill of sending the form to HMRC internationally. Oh well, small price to pay I guess!

[Henley1989 10]

Well, exactly. I think I will do that in that case. I had to wait until getting here to fill it out as I left work in the UK too soon to my departure to receive my P45 before hand. It was successfully delivered to my address here, though, so will have to foot the bill of sending the form to HMRC internationally. Oh well, small price to pay I guess!

I had my P45 delivered to work the day before I left, sent it all off that day.

It can take a few months to get a response to I dont think its a big deal to send it when you can