Are you leaving the UK? Watch out for the changes to Form P85 (2024)

Form P85 is the document you need to complete in order to claim UK tax relief if you are leaving Britain to live abroad. You used to be able to submit P85 claims before you left the country. But in 2017, the rules changed and now you must wait until you have actually emigrated before you even send a completed application.

What information do I need for my P85?

Amongst other things, on a P85, you need to enter; all the usual personal details, employment details from when you were living in the UK and your position abroad, and information about any continuing UK income.

You need to have all your facts and figures to hand because you cannot save and go back to the online form. So, unfortunately, you can’t input all your information and shred the documents before you go, you need to keep it all and take it with you.

You also need to send Parts 2 and 3 of your P45 with your P85, so keep that in the ‘important paperwork’ bag before you travel. If you’ve already moved and misplaced your P45, your old employer can issue a ‘statement of earnings’ on headed paper as an acceptable replacement. (They cannot send you a duplicate P45.)

Why have HMRC changed the rules?

HMRC have changed the rules because people change their minds. Not everyone who says they are leaving Britain actually goes. Many organised people have submitted their UK tax rebate claims well in advance of their departure date and, if they end up staying, there is a mass of paperwork to unravel.

This change to the P85 rule is designed to avoid that. It should also streamline the application process because the information from employers that is necessary to action a claim, will have already been received by HMRC before you complete form P85.

So, when do I have to use a P85?

Now, you have to send HMRC your P85 once you have left the UK and are now living elsewhere.

This form is for people who are emigrating permanently or are not sure when they are returning to the UK. It is also for those who are definitely working in another country for at least one complete UK tax year. You do not have to use form P85 if you complete a self assessment tax return for reasons like being a UK non resident.

What am I claiming tax relief for?

Most people that leave Britain during a tax year discover that they are owed a tax rebate from the British Tax Office. This is due to a number of things, like not using your full Personal Allowance amount and work related expenses. Each claim is unique to that taxpayer’s individual circ*mstances. It is vital to complete your P85 accurately, both to maintain positive relations with HMRC and to make sure that you are claiming your full UK tax relief entitlement. Even without any tax relief to claim, your P85 ensures that your tax record in the UK is kept current.

Given the number of possible variables within the taxation rules, it is wise to get in touch with a tax specialist who can guide you through the P85 process. We can help you with several aspects of becoming a UK expat and it doesn’t matter what time zone you are living in.

Tony Shanks
Operations Director
Member of the ATT

Are you leaving the UK? Watch out for the changes to Form P85 (2024)

FAQs

Are you leaving the UK? Watch out for the changes to Form P85? ›

Am I due a P85 tax refund? If you leave the UK it's normal to be due tax back for the tax year in which you leave the UK. To get your refund of tax you must complete a P85 before a refund is paid. If you complete a self assessment tax return you would not normally have to complete a P85.

How long do you have to stay out of the UK to avoid paying tax? ›

You can live abroad and still be a UK resident for tax, for example if you visit the UK for more than 183 days in a tax year. Pay tax on your income and profits from selling assets (such as shares) in the normal way. You usually have to pay tax on your income from outside the UK as well.

What is the P85 form before leaving the UK? ›

You can claim online or use form P85 to tell HMRC that you've left or are leaving the UK and want to claim back tax from your UK employment. You can claim if you: lived and worked in the UK. left the UK and may not be coming back.

Is P85 mandatory? ›

P85 is a form that you must submit to HMRC if you are a UK taxpayer and intend to move abroad. If you've left the UK, you might be eligible to claim tax relief or a tax refund. This process involves informing HM Revenue and Customs (HMRC) about any UK income you continue to receive.

Who to tell when you leave the UK? ›

You need to tell HM Revenue and Customs ( HMRC ) that you're moving or retiring abroad to make sure you pay the right amount of tax.

Do I have to pay UK taxes if I live in USA? ›

Whether you need to pay depends on if you're classed as 'resident' in the UK for tax. If you're not UK resident, you will not have to pay UK tax on your foreign income.

How long can I stay outside the US to avoid tax? ›

You meet the physical presence test if you are physically present in a foreign country or countries 330 full days during any period of 12 consecutive months including some part of the year at issue. The 330 qualifying days do not have to be consecutive.

When should I do a P85? ›

You should only complete a P85 form if:
  1. You are leaving the UK and may not be coming back or don't know when you are coming back to the UK.
  2. You are leaving the UK to work abroad for a minimum of one complete tax year.
  3. You are becoming a UK non resident for tax purposes and don't need to complete a tax return.

Do I need to let HMRC know I have left the UK? ›

You must tell HM Revenue and Customs ( HMRC ) if you're either: leaving the UK to live abroad permanently. going to work abroad full-time for at least one full tax year.

Can I get all my tax back if I leave UK? ›

If you leave the UK to live or work abroad, you may be able to claim back some of the income tax that you have paid. When you leave the UK, you must usually send form P85 'Leaving the UK – getting your tax right' to HMRC. You can find the form on GOV.UK. Alternatively, you can make a claim online.

How to avoid green card exit tax? ›

Can I avoid the exit tax when renouncing my Green Card or U.S. citizenship?
  1. Consolidate your foreign accounts. ...
  2. Avoid foreign mutual funds. ...
  3. If you're a business owner or contractor, make sure you keep U.S. taxes in mind when scheduling business activities.
Oct 25, 2022

What does a P85 do? ›

A P85 is a form that you need to send to HMRC if you're a taxpayer in the UK and plan to move abroad. The P85 form asks questions about your income, tax and residency status so that your tax record can be updated.

Do I have to pay US exit tax? ›

The US imposes an 'Exit Tax' when you renounce your citizenship if you meet certain criteria. Generally, if you have a net worth in excess of $2 million the exit tax will apply to you.

How do you prove you will leave UK? ›

Property ownership. If an applicant owns property outside of the UK, evidence of this can be used to demonstrate an intention to leave the UK at the end of a visit. Evidence of property ownership can include a Title Register or equivalent or a letter from a solicitor confirming the property ownership.

Can I still keep my UK bank account if I move abroad? ›

Keep your existing bank account

So, the answer to the question, “can I keep my UK bank account if I move abroad?”, is yes. Keeping your UK bank account open after moving overseas is the first option and there are a couple of reasons why you might choose to do this.

How many days can you be out of UK leave to remain? ›

ILR 180 Day Rule

All of the investment, business and work related settlement routes mentioned above include a requirement to have spent not more than 180 days outside the UK in any 12 months during the qualifying period.

How can I avoid paying tax UK? ›

10 ways for high earners to reduce their tax bill in the UK
  1. Maintain your income tax allowance.
  2. Utilise any marriage tax allowances.
  3. Use your personal savings allowance.
  4. Utilise ISA contributions.
  5. Consider the dividends allowance.
  6. Make use of annual pension contributions.
  7. Understand the capital gains tax allowance.
Jan 27, 2023

What is the 90 day rule for taxes in the UK? ›

90 day tie – the individual has been present in the UK for more than 90 days in either of the previous two tax years. Country tie – the individual is present in the UK at midnight in the tax year as much as (or more than) they are present in any other single country. This tie applies to 'leavers' only (see below).

What is the 183 day rule? ›

The so-called 183-day rule serves as a ruler and is the most simple guideline for determining tax residency. It basically states, that if a person spends more than half of the year (183 days) in a single country, then this person will become a tax resident of that country.

How do I avoid departure tax UK? ›

4 ways to not pay UK Air Passenger Duty (APD)
  1. Spend less than 24 hours in the UK. If you spend less than 24 hours in the UK, then you are not charged the UK Air Passenger Duty. ...
  2. Fly TO the UK, but depart elsewhere. ...
  3. Be under 16 years old. ...
  4. Leave from Northern Ireland. ...
  5. Reduced UK Air Passenger Duty.
Mar 9, 2017

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