NRL Scheme-As a tenant should I be witholding tax to pay to CNR/IR-or am I deluded?!

Aesop

Clutton, how is it that you were supportive, providing advice and now have suddenly turned? And why is it you have been investigating the OP? There's no point getting so personal about someone you do not know in real life, and listening to others.... who do not know this person either....

clutton_2

aureol - i posted in haste - without thinking it thru - which is why i have already deleted the content of my last post and substituted it with "night night all"

but it is interesting that whereby broclo's name appears - dispute follows ........

Aesop

Clutton, shame you haven't edited post 145.... and is it not interesting that you changed your posts from being supportive and providing advice to being hostile and saying things you have no proof of... and the people that have thanked you are the same ones who seem to take a fair amount of interest in broclo?

clutton_2

i have already deleted what i consider to have been unfair on my part.

I wrote post 145 before i was aware of any of broclos other posts - my opinions in 145 are based on her postings on this thread alone. i still hold those opinions. i, and others, are entitled to change our opinions as threads progress and as we learn more about the poster and the problem - just like you can change your opinion about me at any time.

broclo herself said her furniture cost £3k - read the thread

the thread itself shows there is a disagreement around the autism issue

as i said earlier on this evening - and i should have stuck to it - i am no longer going to post on this thread -

all the more so because all this bro-hoo-haa has broken out and broclo is sitting on the sidelines in silence while mayhem takes over the post

as i said where broclo goes - dispute seems to follow - i'm out of here

broclo

yummy_mummy_cat and aureol212, you are sweeties

However, I fear clutton may have been trolled and has reacted accordingly

clutton is not a troll though, she has offered me lots of advice and is always helping people on the boards

Anyway, i'm ignoring the hoo-haa!

Did not check in as nout to report, but ...

Today called HMRC and they have said that the letter releases me from tax liability, so have emailed it to my contact and will send a hard copy for the file...phewy!

Still a few days to go on letter that asked for GSC, so if no contact from LL in that time, I'll call my contact at the EH again and pass it to them to sort out as they said they can handle it for me, thankfully!

In regard to the deposit...just have to wait to see what they respond to my letter. I have not put ANYTHING in there regarding courts, just a request they do so, as all 3 schemes confirmed their is no deposit(still awaiting letters though), so hopefully it will nudge them!

So, if LL plays ball, then all should be concluded hopefully :j

broclo

Clutton

My furniture cost 3k...not 4k. Good quality furniture, that is built to last, instead of falling to pieces, for a whole house, will cost that. I never said how it was funded, nor should I need to. What was bought over a year ago bares no relevance to my financial status at present and my ability to find deposits and rent in advance.

Yes...my eldest is 'autistic'. I use the term 'autistic' as he is currently going through masses of investigations with various organisations. It is far easier than 'may be autistic/aspergers/adhd/dyspraxia or learning difficulties, but probably autism, gee wizz wish we were sure' ...far too complicated lol

My childrens ages have not changed. 6m and 2y2m and a bit!

Insomnia is not terribly odd, but rather common.

I fled DV(comes in MANY forms) twice actually, not that it is relevant to anyone or anything.





Anyway...thanks everyone for the advice on the tax issue, very, very glad that the HMRC are relinquishing my responsibility and that the other matters are in hand :T

franklee

Hi broclo,

Thanks for the update, I'm really glad to hear this non-resident tax issue has been resolved

I'm still not quite clear what happens should your landlady change her mind again and decide to stay in OZ longer than six months in future. Do you remain exempt should her status change if she forgets to let CNR know?

I've learnt a lot from this thread, this particular tax issue hasn't come up in detail here before as far as I know, so I appreciate the excellent research you have done. The beauty of forums like this is that many tenants (and landlords) in the months and years to come who search here will hopefully get a heads up on this thanks to you.

As your research was spot on it really needs no confirmation, but as I feel some of it has got lost in the "digressions/arguments" for the benefit of future readers I'll just reiterate these few extracts from IR140 Non-resident landlords, their agents and tenants, the document you linked to in post #1.

If letting agents or tenants have reason to believe that a landlord has a usual place of abode outside the UK, they should ask the landlord for any information they need to satisfy themselves. Unless they receive information that satisfies them that the landlord does not have a usual place of abode outside the UK, they should start to deduct tax.

You have to pay tax due under the NRL Scheme even if you do not retain enough money out of rent paid to the non-resident landlord. However, you have the right to get back from the landlord any tax you have to pay under the Scheme. So, for example, if you do not retain enough in one quarter to meet your liability, you can take the balance out of the following quarter’s rent (in addition to the tax that you deduct from that quarter’s rent).

(Clearly a problem if the tenancy ends before all the tax is clawed back).

Landlords can apply to the Inland Revenue for approval to receive their rent with no tax deducted. Landlords who are Crown Servants apply to their own UK Tax Office (HMIT Public Department 1 or the South Wales Area Office). All other landlords apply to CNR. If the Inland Revenue approve the application, they will write to you telling you not to deduct tax.

You should deduct tax unless you have received a written notice from the Inland Revenue telling you not to. Do not stop deducting tax simply because the landlord tells you to do so. If you want to give your landlord an application form, you can get one from CNR.

If you are unsure you can get help from the Centre for Non-Residents (CNR).

I think it's clear a tenant who has any concerns about a landlord who may be living abroad should ring up CNR for advice, give CNR the facts as far as the tenant knows them and then follow CNR's advice. If the landlord does not agree with CNR's decision then surely he or she should take the matter up with CNR, remembering the decision of what to do was CNR's and not the tenant's. CNR can then issue any new instructions to the tenant.

Happy money saving to one and all

broclo

franklee wrote: »

Hi broclo,

Thanks for the update, I'm really glad to hear this non-resident tax issue has been resolved

I'm still not quite clear what happens should your landlady change her mind again and decide to stay in OZ longer than six months in future. Do you remain exempt should her status change if she forgets to let CNR know?

Hi Franklee
Yep that is all correct.

I have got a hard copy of a letter from the LL and an emailed version.

I was given an email address of the person dealing with the case to forward it to.

They then have said that I should send them the hard copy directly for the file and retain a photocopy themselves.

The lady dealing with the case said that this is not normaly ok, they need the LL to apply etc, so they can send a certificate, but as she is not being helpful to remove my liabilities for the tax, that she will put notes(very detailed) onto the electronic system, as these will mean that I will not be held liable(technically without her help I still could be as LL not helping) for any tax, should she at a latter date change her mind about being out of the UK for more than 6m of 12m.

I'd suggest if anyone had any issues regarding the status of a LL changing overnight as I did, that they speak to a senior adviser at the CNR. The lady dealing with the file was extremely helpful and had immense understanding of the NRL scheme.

Thanks franklee, just glad that the issue is sorted as I really was getting fed up with it! Thanks also for the detailed advice you have given me on the thread, it was very much appreciated and so was your time

*Chattie*

broclo wrote: »

Clutton

My furniture cost 3k...not 4k. Good quality furniture, that is built to last, instead of falling to pieces, for a whole house, will cost that. I never said how it was funded, nor should I need to. What was bought over a year ago bares no relevance to my financial status at present and my ability to find deposits and rent in advance.

neither is the state of your LL's financial affairs anything to do with you and this thread but it hasn't stopped you assuming their house is about to be reposessed, that your deposit has been spent.

I fled DV(comes in MANY forms) twice actually, not that it is relevant to anyone or anything.

You are the one posting about fleeing from someone and hence taking this particular let allegedly so quickly you didn't take the time to check the safety issues with the house and indeed are only doing this now some two months on.

Anyway...thanks everyone for the advice on the tax issue, very, very glad that the HMRC are relinquishing my responsibility and that the other matters are in hand :T

and the warning to all LL's is don't discuss your personal life, health problems, financial situation with any tenant as you are likely to have all your alleged problems spoken about on an open forum.

The Royal Mail could learn a thing or two from the post operatives in Oz if you got a letter quite so quick!

tbs624

FrankLee- there are several threads in which the issue has been discussed and/or relevant links provided including posts from Clutton, N79, Notlob, me, SevenDayWeekend, Rosysparkle, Captain Mainwaring et al . You perhaps missed them as they tended to be in threads from LLs/potential LLs querying their responsibilities when letting out/moving abroad.

Examples:
http://forums.moneysavingexpert.com/showpost.html?p=3335878&postcount=4
http://forums.moneysavingexpert.com/showpost.html?p=3247145&postcount=24
http://forums.moneysavingexpert.com/showpost.html?p=18842147&postcount=6
http://forums.moneysavingexpert.com/showthread.html?p=15791265&highlight=non+resident+landlord#post15791265
http://forums.moneysavingexpert.com/showpost.html?p=5701416&postcount=6
http://forums.moneysavingexpert.com/showpost.html?p=7988005&postcount=11
http://forums.moneysavingexpert.com/showpost.html?p=2950011&postcount=10
http://forums.moneysavingexpert.com/showpost.html?p=14108357&postcount=10