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Tax Tips - May 2018

The Requirement to Correct – do you need to bring your tax affairs up to date?

Under new legislation called the ‘Requirement to Correct’, UK taxpayers have to make sure that they declare all foreign income and gains made before 6th April 2017 to HM Revenue & Customs (HMRC), where there might be UK tax to pay. To avoid larger penalties, this disclosure must be completed by 30th September 2018. From 1st October 2018 new, significantly higher, penalties will apply to UK taxpayers who have failed to pay all the UK tax due on their foreign income and gains.

If you have not always declared all of your foreign income and gains to HMRC, now is the time to act. It is often a good idea to seek professional advice before telling HMRC about income and gains that you have not previously declared, particularly if you deliberately avoided tax by not declaring them to HMRC when they arose. But, equally, you could come within the scope of the new rules even if you genuinely believed that you were not obliged to declare your foreign income or gains, and the amounts involved were small.

You are likely to be affected by the ‘Requirement to Correct’ if:

  • you pay tax in the UK, and
  • you have foreign income or gains on which you have to pay tax in the UK (if you are resident and domiciled in the UK then you have to pay UK tax on your worldwide income and gains), and
  • you have not told HMRC about all your foreign income and gains

For example, if you are resident in the UK and you receive income from a property abroad or you receive interest on an offshore bank account then you may be affected. You may also be affected if you do not live in the UK, but you pay UK tax. For example, if you own a UK property that you let out or you receive interest from a UK bank or building society account. You will not be affected, however, if you do not have any UK tax to pay on any foreign income and gains that you have.

HMRC can go back to 2013/14 in most cases, or 2011/12 where the failure to disclose was careless. Where you have deliberately avoided tax, or if you have failed to notify HMRC of your chargeability to tax, HMRC may be able to go back 20 years.

What do I need to do?

The main route to let HMRC know about previously undeclared tax on foreign income or gains is the Worldwide Disclosure Facility. Go to;

https://www.gov.uk/guidance/worldwide-disclosure-facility-make-a-disclosure

If you are confident that your tax affairs are in order, then you do not need to worry. If you are unsure, you should seek advice from a professional tax adviser or agent. If you are on a low income, you may be eligible to seek assistance from one of the tax charities, TaxAid or Tax Help for Older People.

What about foreign income and gains in tax years 2017/18 onwards?

You must declare your foreign income and gains, on which UK tax is due, to HMRC. If you have foreign income to declare for 2017/18, you should contact HMRC by 5th October 2018 and register for self assessment. The deadline for filing your online 2017/18 self assessment is 31st January 2019 but if you are using paper it is sooner, 31st October 2018.  Any tax due must be paid by 31st January 2019.

This article is by Tax Help for Older People registered charity no 1102276 (Scotland no SC045819), offering free tax advice to older people on incomes below £20,000 a year. The Helpline number is 0845 601 3321 or geographical 01308 488066.