Q. I live in France and I am about to sell my former home in the UK, which has been let out since I emigrated in August 2001. Do I have to pay tax in the UK on the gain?
A. As you have lived abroad for nearly 14 years you will probably be treated as “non-resident” in the UK for tax purposes, but we need to check that with a few more questions. If you are a non-resident, the gain would generally be exempt from UK capital gains tax (CGT).
However, a new non-resident CGT applies to gains made on the disposal of residential property for 6 April 2015. This new tax only applies to the property of the gain falling after 5 April 2015. So if you sell the property fairly shortly after April 2015 there should be little gain to tax, and the first £11,100 of the gain will be exempt from tax.
Q. I am the sole director of my own company and will take a salary of £10,600 this tax year. How much dividend can I extract from the company this year without paying higher rate tax?
A. Assuming your company makes sufficient profits you can take out net dividends of £28,606 (90% of £31,785), without breaking into the 40% tax band.
Q. I am a UK national resident for tax purposes in Portugal and own a residential property in the UK which is rented out. The tax payable on this property amounts to a rate of 20pc whereas the rate in Portugal would be 28pc. Are the Portuguese tax authorities allowed to charge me the difference of 8pc by way of Portuguese tax?
A. Yes, if you are resident in Portugal you are liable to Portuguese tax first and foremost. Rental income from a UK property is taxed at source in the UK irrespective of tax residency of the property owner so you will first pay tax on the rental income in the UK. You should receive a credit for taxes paid in the UK against taxes due on the same income in Portugal thanks to the tax treaty in place between Portugal and the UK, leaving you only to pay the difference.
Q. My Dad is nearly 90 years old and has an income of £26,000. My Mum who is 85, has an income of less than £10,000. Can my Mum transfer some of her unused personal allowance to my Dad in 2015/16?
A. Unfortunately, the transferable allowance of £1,060, doesn’t apply to people who were born before 6 April 1935. Your father will already receive the married couple’s allowance, which is worth up to £816.50 for 2015/16. The transferable allowance is only worth £212 (£1,060 x 20%), so he is better off with the married couple’s allowance.