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Where Taxpayers and Advisers Meet

Overpaid property tax

N580
Posts:1
Joined:Tue Jan 31, 2017 2:33 pm
Overpaid property tax

Postby N580 » Tue Jan 31, 2017 2:36 pm

Hello, In 2011 when immigrating to Australia my wife and I decided to keep our UK property and rent it out fully managed through an estate agent. During that time we have (unknowingly) overpaid tax to HMRC as we didn't meet the minimum income tax threshold (and we made losses). We only found this out as we have changed agents who advised us to fill out the appropriate paperwork in order to avoid paying unnecessary taxes, which we did. I have recently submitted my self assessment and would like to find out how we can claim back the overpaid tax from our property income from the years 2012-13, 2013-14, and 2014-15. Our property was being fully managed resulting in us not filing any returns or self assessments with HMRC for those years. Any assistance would be appreciated.

section 44
Posts:4467
Joined:Thu Oct 30, 2008 12:47 pm

Re: Overpaid property tax

Postby section 44 » Tue Jan 31, 2017 5:16 pm

Our property was being fully managed resulting in us not filing any returns or self assessments with HMRC for those years
?

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

Re: Overpaid property tax

Postby bd6759 » Tue Jan 31, 2017 11:49 pm

Our property was being fully managed resulting in us not filing any returns or self assessments with HMRC for those years
?
If they weren't registered as non-resident landlords, the agents would need to deduct BR tax from the rent they collected. If the tax deducted exceeds the tax due, they will have overpaid.

The tax deducted should be recorded in box 21 of the property section of the tax return.

Ian McTernan CTA
Posts:1232
Joined:Wed Aug 06, 2008 3:02 pm
Location:Bedford
Contact:

Re: Overpaid property tax

Postby Ian McTernan CTA » Wed Feb 01, 2017 2:23 pm

Read this:

https://www.gov.uk/tax-uk-income-live-abroad/rent

You might also not be aware that if you sell the property UK CGT will now be applicable (it's complicated).

I'm somewhat surprised your new agent didn't point you in the right direction and aid you in completing previous years and claiming the refund (for a fee).
McTernan Associates Ltd
Chartered Tax Advisers
Bedford
Email through link on website:
http://www.imcternan.com

section 44
Posts:4467
Joined:Thu Oct 30, 2008 12:47 pm

Re: Overpaid property tax

Postby section 44 » Wed Feb 01, 2017 2:59 pm

If they weren't registered as non-resident landlords, the agents would need to deduct BR tax from the rent they collected. If the tax deducted exceeds the tax due, they will have overpaid.
Indeed but how does that explain:
Our property was being fully managed resulting in us not filing any returns or self assessments with HMRC for those years.

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

Re: Overpaid property tax

Postby bd6759 » Wed Feb 01, 2017 4:16 pm

If they weren't registered as non-resident landlords, the agents would need to deduct BR tax from the rent they collected. If the tax deducted exceeds the tax due, they will have overpaid.
Indeed but how does that explain:
Our property was being fully managed resulting in us not filing any returns or self assessments with HMRC for those years.
Presumably they didn't approach HMRC to tell them about the income. Since tax was deducted at source, there would be no s7 obligation.


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