Double Taxation Query

[stan]

In the confusion of assembling all the tax forms together for our first ever French tax return, I have downloaded the HMRC UK/France Double Taxation Convention (SI 2009 Number 226) form. Now that I was about to fill it in, I see the only criteria that applies to me is that I am in receipt of a UK Govt pension which is taxed at source in the UK. Therefore, I am not entitled to any tax relief as this is the only income and asset I have in the UK.

Is there any other reason for filling it in and submitting it to the French tax office?

[cooperlola]

No, I don't think you need to fill this in either  Stan unless you receive any interest from UK banks/savings etc.

You do need to send this to HMRC:

http://www.hmrc.gov.uk/cnr/p85.pdf

if you have not already done so.

 

[EmilyA]

I think it might be a good idea to fill it in. I only had my LGPS when I filled it in (and it takes months to work through the system), but now I get a state retirement pension as well. If HMRC don't have the double taxation info from les impots, then they will take tax off your LGPS pension for your state pension. They did this anyway by mistake this year, but were able to look at my file, see that I was taxed in France and put it right (with an apology).

[cooperlola]

Emily, although you have a point, the nature of the form is that you must list the income for which you are claiming tax relief and as Stan has none, he cannot do this. 

But you are right, once he is in receipt of a state old-aged pension then he must fill in and submit the form to avoid paying tax in both countries.  I'm not at all sure that he can do it at this stage though, for the reasons stated above.[:)]  Did you have a building society account or something similar when you did yours?

[stan]

Thanks folks, I am only 49...but I am sure the old age pension will come flying towards me fast enough![:D]

[stan]

I found the place where I downloaded the form (another ex pat type website)...it states

When you complete your first French tax return you should also complete the Form FD5, which the French tax authority then use to confirm to the UK authority that you are French tax resident.

So, I wonder if I should fill the bits that I can in, only to " confirm to the UK authority that you are French tax resident", even though nothing else is applicable as per Copperlola`s reply, ie I don`t receive any interest from UK banks/savings etc. I have already sent HMRC the P85s.

[stan]

and Cooperlola..I am not doubting your advice in any way, (I really appreciate it) its just that I now remembered where I downloaded the form and the reason I was going to fill it in. Maybe a case of better sending one than not..they can always bin it! [8-)]

[cooperlola]

[quote user="stan"]better sending one than not..they can always bin it! [8-)]
[/quote]Yes, I think that's the best plan too - then you cannot be wrong.  After all, as I often say - you can hardly tell them: "Oh, I read it on a forum" can you?[:)]

[stan]

I thought I would telephone HMRC and ask them.

Basically, for a first ever French tax return, if anyone has no other income from the UK, other than a UK Govt pension, which has to be taxed in the UK, they do NOT have to submit the form FD5.