Query re France Individual - Part B Q.4

[Daft Doctor]

Hi, I'm busy pulling together forms France Individual for Mrs DD and I to take down to the impots tomorrow with my forms 2047 & 2042.

I have looked at Part B question 4 and I'm not sure how best to answer, so wondered if I could call on those with experience of filling in these forms for their views. This question asks about whether we have continued to own or rent a property in the UK, and whether we let it out to anyone or whether it is no longer available for our use.

Thing is we have and interest in several properties in the UK, including some residential and one commercial property, but they are part of a buy to let portfolio and have never been for our personal use. We are both on the non-resident landlords scheme and fill in a self assessment return for HMRC each year.

The wording of this question (referring to a property and whether it is still available for our use) seems to me to suggest that they are asking about a current or former home rather than a buy-to-let portfolio, probably to gauge how we stack up from the residency point of view. As such I'm tempted to say no, since we have never nor would ever live in any of those properties in which we own a share (student properties - you know what I mean!).

I just wondered if anyone out there has any advice to give, since there is no specific guidance from HMRC as to how this section should be completed. Many thanks in anticipation, I promise nothing will be taken as gospel, but views are always useful if its a grey area.

[Mac]

Have you rung and spoken to a Technical Advisor at HMRC? I have always found them exceptionally helpful. There should be a number specifically for overseas residents.Unfortunatly I don't have it to hand but the UGov site should have it. Don't forget though it's a Bank Holiday in the UK tomorrow.

IMO- you answer yes to 2 parts of the statement.. You do own property in the UK and you do rent it out. I would answer yes and add additional information on a seperate sheet of paper ( Company name and details ect). But that's only my take and I would suggest you ring HMRC.

[parsnips]

[quote user="Daft Doctor"]Hi, I'm busy pulling together forms France Individual for Mrs DD and I to take down to the impots tomorrow with my forms 2047 & 2042.

I have looked at Part B question 4 and I'm not sure how best to answer, so wondered if I could call on those with experience of filling in these forms for their views. This question asks about whether we have continued to own or rent a property in the UK, and whether we let it out to anyone or whether it is no longer available for our use.

Thing is we have and interest in several properties in the UK, including some residential and one commercial property, but they are part of a buy to let portfolio and have never been for our personal use. We are both on the non-resident landlords scheme and fill in a self assessment return for HMRC each year.

The wording of this question (referring to a property and whether it is still available for our use) seems to me to suggest that they are asking about a current or former home rather than a buy-to-let portfolio, probably to gauge how we stack up from the residency point of view. As such I'm tempted to say no, since we have never nor would ever live in any of those properties in which we own a share (student properties - you know what I mean!).

I just wondered if anyone out there has any advice to give, since there is no specific guidance from HMRC as to how this section should be completed. Many thanks in anticipation, I promise nothing will be taken as gospel, but views are always useful if its a grey area.[/quote]

Hi,

       I think that there are two reasons for asking the question

1. If a house is "available to you" -which I would take as meaning unoccupied ie. a second home  in the UK- this would have bearing on your residency status;  and

 2. Properties let in the UK mean that HMRC will continue to require an annual declaration from you for rents .