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UK Tax question regarding my Wife

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andrewsco
2/19/2010 07:03 EST

Hi,

This is my first post in the forum - looks like a very active community you have here!

A bit about me; I am a British national currently living in the UK (same goes for my wife), and I work for an engineering company. It looks likely that I may be moving to Kuwait in May / June 2010 and we would both be moving on a permanent basis. I will probably have many questions about Kuwait once a decision to mobilize has been made, but for now my main question is regarding the tax status of my wife.

She currently is in employment in the UK, and her company is happy for her to work 'from home' while she is in Kuwait. Essentially she will be doing the same job she has been doing in the UK, but doing it in Kuwait. The company is a UK company and does not have any overseas branches, so she will be paid from the UK. This brings up a number of questions that I'm unsure of?

Will she be required to pay any Kuwait tax (regardless of situation in the UK)
Is there a way she can not pay UK tax?
I've heard about double taxation agreements - does this have any bearing on her?
Would being paid into a Kuwaiti bank account make any difference?

I understand this is a complex issue so I will be seeking further advice and won't just rely on a forum, but If anyone could advise further on this I would really appreciate it

Thanks in advance,
Andy

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jhd22
2/19/2010 15:18 EST

I've been in a similar situation so I can share my experience with you. Essentially you are considered to be living outside your country if 2 things occur. The first is that you spend over 6 months outside the country (you'll need to prove that to the tax authorities so hold onto your tickets, boarding passes or anything that details chronological order of travel) and the second is you have a residence permit at the second country. You may be considered tax exempt if the company pays from your home country > Kuwait however there are specific industries which are not tax exempt. So I am unsure of the specifics in your case. The wisest thing to do would be to consult with a tax attorney prior to your departure and to make sure that you remain on the right side of the law by documenting your travels as carefully as you can. My experience is that outbound financial transactions from the EU to non EU countries are considered exempt as taxation is calculated at the country of arrival, which in Kuwait should not be a problem to you.
Hope this helps, good luck!

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andrewsco
2/22/2010 06:09 EST

Thank you for your quick reply, it was very helpful.

The first requirement of spending over 6 months in Kuwait shouldn't be a problem - we will be permanetly living in Kuwait for a minimum of 2 years, with only brief holidays in the UK (and less than the 90 day requirement for tax).

My main question was relating to your point about Kuwait residency. Is this something that you have to specifically apply for, or would this happen by default if you are living in the country for a certain length of time? If you do have to apply for it, are there any requirements to getting this approved - i.e she will be working for a UK company, not a Kuwait company.

If she is able to be exempt from UK tax, what exactly is the tax situation in Kuwait? Obviously it is tax free, but are there any other taxes that may be applicable?

Obviously we will seek professional advice, but any advice we receive prior to this will be great.

Thanks
Andy

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tony48
2/23/2010 14:04 EST

andy, just some of my experience and view to share with.
1) about yourself - you need to be out of UK for one complete tax year before qualifying for tax exemption.
2) if your wife is working for a UK company and collect salary in Kuwait, she may still be considered as having income in UK. Eg i am receiving pension from a UK company and i work overseas, but my pension remains taxable as though i am still living in UK
check with your tax office
good luck . I am an engineer too.

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