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Where Taxpayers and Advisers Meet

Does a foreigner have to report an offshore company earnings kept abroad

markdowning1023
Posts:1
Joined:Mon Nov 14, 2016 4:16 am
Does a foreigner have to report an offshore company earnings kept abroad

Postby markdowning1023 » Mon Nov 14, 2016 4:53 am

Does a foreigner have to report an offshore company earnings kept abroad ?

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Does a foreigner have to report an offshore company earnings kept abroad

Postby pawncob » Mon Nov 14, 2016 1:31 pm

If he's UK resident, yes.
With a pinch of salt take what I say, but don't exceed your RDA

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Does a foreigner have to report an offshore company earnings kept abroad

Postby maths » Mon Nov 14, 2016 3:34 pm

Not enough info'.

However, if the "foreigner" is non-UK domiciled for UK tax purposes it may not be necessary to report the non-UK source income.

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: Does a foreigner have to report an offshore company earnings kept abroad

Postby bd6759 » Mon Nov 14, 2016 8:03 pm

Not enough info'.

However, if the "foreigner" is non-UK domiciled for UK tax purposes it may not be necessary to report the non-UK source income.
But if the foreigner controls the company, it may have a presence in the UK .

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Does a foreigner have to report an offshore company earnings kept abroad

Postby maths » Mon Nov 14, 2016 9:29 pm

But if the foreigner controls the company, it may have a presence in the UK
Hypothetically, even if a "presence" subsists in the UK it would need to be a "p/e" and in addition trade would need to be carried on through it for a corporate tax exposure to arise and hence a requirement to report.

If either condition is not satisfied then even if there is a UK "presence" the non-resident company must be trading in the UK to precipitate an income tax charge and hence a reporting requirement.

Under either scenario it is the company not the "foreigner" referred to by the poster who has the obligation to report.

The foreigner will only have an obligation to report income of the non-resident company if he/she falls foul of an anti-avoidance provision (eg s 735) which is unlikely (although possible) if non-UK domiciled.

Bottom line is that the query is far too general for any reasoned response to be provided.


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