Property Developers, Property Investors

UK and Hong Kong Tax Treaty

simon

Simon Misiewicz

23rd September 2021

Frequently asked questions about the UK and Hong Kong Tax Treaty.

As experienced tax accountants, we are regularly asked about the ‘UK and Hong Kong Tax Treaty‘. We will look to answer the below questions in this Article.

“Are you a Hong Konger paying too much tax in the UK?”

“Should I speak to a British accountant before moving to the UK?”

“What are the basics of the UK and Hong Kong Tax Treaty?”

“Do I have to pay income tax in the UK and Hong Kong?”

“Will Hong Kongers have increased tax if you become a UK Resident?”

“Is being domiciled a good tax strategy for the UK?”

“What is the Remittance Basis?”

“Can Hong Kongers claim the Remittance Basis?”

“What taxes do Hong Kongers have to pay in the UK?”

“Who are the best UK and Hong Kong tax advisors?”

Are you a Hong Konger paying too much tax in the UK?

Our tax specialists help over 1,000 monthly retained UK investors to minimise tax whilst building their wealth.

There are many reasons why Hong Kongers in the UK pay far more tax than they need to.

This is because:

-They do not know what they do not know.
-They have not spoken to a tax specialist to go through their situation to see what tax reliefs are available to them.
-Their accountants or solicitor are not aware of the many reliefs available to their clients and are not taken advantage of.
-Tax legislation changes but either the person or their accountant/tax specialist have not been made aware.

Have a question about property investments, tax or being an expat?

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Should I speak to a British accountant before moving to the UK?

If you come to the UK and have UK employment income taxed in Hong Kong, you will usually need to pay UK income tax.

You should receive double tax relief by getting credit for Hong Kong taxes paid, to reduce your UK tax liabilities. This assumes that you declare your worldwide income to HMRC. Please note that you do not pay tax to the Inland Revenue Department in Hong Kong for any UK income.

If you are a Hong Kong resident with whom the UK has a double taxation agreement, you may be eligible for relief from UK tax if you spend less than 183 days in the UK and have a non-UK employer.

This is just one of the primary tax considerations to consider if you are coming to the UK from Hong Kong.

Speaking to a British accountant before coming to the UK is an essential step in helping to reduce and, in some cases, mitigate tax. Gaining UK tax advice early should be a priority.

We recommend that you speak to expert UK and Hong Kong tax advisors before moving to the UK.

What are the basics of the UK and Hong Kong Tax Treaty?

As British tax accountants serving thousands of UK landlords that purchase buy to let properties, we know that the UK and Hong Kong Tax Treaty basics can seem like a daunting topic to understand.

To understand the importance of the UK and Hong Kong Tax Treaty, it is worth knowing the history of the relationship.

Hong Kong was a British colony from 1841-1941 and again from 1945-97 when sovereignty was handed over to China.

The UK 2001 Census recorded 96,445 Hong Kongers residing in the UK, while the office for National Statistics estimated that the Hong Kong-born resident population was 78,000 in 2009.

These figures do not include people born elsewhere who emigrated to the UK from Hong Kong and were raised here. It also does not have descendants of Hong Kongers born within the UK.

UK policy towards Hong Kong is massively influenced by its considerable commercial interests.

The first Double Taxation Agreement (DTA) between Hong Kong and the UK came into effect in 2011.

This Agreement covered all taxes imposed on total income or elements of income.

In the UK, it applied to Income Tax and Capital Gains Tax for individuals.

An updated DTA entered into force in the UK on April 2011 and can be reviewed in full here.

Contact one of our UK tax advisors today if you are moving to the UK from Hong Kong and are unsure of your tax position.

Moving to the UK from Hong Kong tax advice

You may be interested in services where we help Hong Kongers move to the UK. There are a number of legal matters and tax issues that you need to consider. See how we can help you

More details

Do I have to pay income tax in the UK and Hong Kong? 

The UK tax system for individuals is based on two concepts: residence and domicile.

They determine the extent of an individual’s liability to pay tax in the UK.

Whether an individual is a UK resident for tax purposes is determined under the Statutory Residence Test (SRT).

A person is resident under the SRT for a specific tax year in the UK the tax year runs from 6th April to 5th April) based on the following factors:

– the number of days the person is present in the UK
– whether the person has a home in the UK
– whether the person works in or outside the UK
– whether the person has UK-resident family members
– the number of days the person has been present in the UK in previous tax years

Non-resident individuals have very limited liability to UK tax, other than UK-sourced income, income from UK property.

Will Hong Kongers have increased tax if you become a UK Resident? 

A Hong Konger becoming a UK resident will increase their UK tax liability significantly.

It is also possible to inadvertently become a UK tax resident. Care is needed to avoid this.

A Hong Konger moving to the UK will often be a gradual process involving several trips to view properties, co-ordinate schools and similar activities.

Over the course of a UK tax year, these trips could add up to class the person as a UK tax resident.

Hong Kongers who spend a significant amount of time in the UK should take tax advice on their UK tax residence status.

When a person becomes a UK tax resident, reporting requirements to HMRC can apply. Reporting obligations for non-residents are limited.

The default position for a UK resident individual is that they are liable to pay Income Tax and Capital Gains Tax on their worldwide income and capital gains.

Unlike in Hong Kong, this also includes investment income and gains.

Hong Kongers who are UK residents but non-UK domiciled can benefit from a tax regime that significantly limits their exposure to these taxes.

Have a question about property investments, tax or being an expat?

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Is being domiciled a good tax strategy for the UK?

Domicile is a common law concept based on where an individual has their permanent home.

An individual inherits their domicile from their father at birth, but this can be displaced by a new domicile if the individual moves to a new jurisdiction with the intention of remaining there indefinitely.

An individual may be deemed domiciled in the UK for tax purposes where they are classed as a ‘long stayer’.

Domicile is important for UK tax purposes because:

– a non-UK domiciled individual may claim the Remittance Basis of taxation in relation to their non-UK income and capital gains
– an individual who is non-UK domiciled is only liable to pay Inheritance Tax on their UK-based assets and certain assets that derive their value from UK residential property

A Hong Konger would have a strong argument for claiming that they are non-UK domiciled if it is clear they are living in the UK temporarily and have a specific time in the future when they will leave.

There is always the risk of a domicile challenge by HMRC.

If you are unsure of your tax position in the UK but consider moving from Hong Kong, speak to one of our UK and Hong Kong tax advisors today.

What is the Remittance Basis?

Individuals who are resident but non-UK domiciled may elect to be taxed on the Remittance Basis.

This means that they are taxed when resident in the UK on their UK-sourced income and gains as they arise.

Non-UK income and gains arising in a year of residence are not subject to UK tax unless the income or gains are remitted to the UK.

The remittance basis gives a UK resident, non-UK domiciled Hong Konger the ability to shelter non-UK income and gains entirely from UK tax.

Remittance is defined as the income or gains being brought or used in the UK by the taxpayer or a person/entity connected to them. Examples of this would include:

– transferring non-UK income and gains from an overseas investment portfolio to a UK bank account
– paying a foreign credit card that has been used in the UK with non-UK income or gains
– gaining a UK residential property using non-UK income or gains
– servicing an overseas mortgage for a UK residential property using non-UK income or gains

UK tax advice should be taken on the above to maximise the benefits of the Remittance Basis.

Moving to the UK from Hong Kong tax advice

You may be interested in services where we help Hong Kongers move to the UK. There are a number of legal matters and tax issues that you need to consider. See how we can help you

More details

Can Hong Kongers claim the Remittance Basis?

The ability for Hong Kongers to claim the Remittance Basis and the limited exposure to Inheritance Tax (IHT) for the first 15 years of UK residence means it can be an attractive place to live.

For a Hong Kong native moving to the UK, the most significant investment is likely to be purchasing a family home.

It is essential to consider the tax implications and the method of funding the purchase to ensure a tax-efficient strategy is in place.

With regard to UK tax issues, Stamp Duty Land Tax (SDLT) is payable on the purchase of land and property in England and Northern Ireland.

Higher SDLT rates apply to the purchase of UK residential property by non-UK residents, and where the purchaser owns other residential property elsewhere in the world. Reliefs are available.

The acquisition of a significant asset in the UK also raises the prospect of IHT on the owner’s death or the property’s gift in the owner’s lifetime. Capital Gains Tax would be liable on a sale or other disposal of the property.

We recommend speaking to a UK property tax accountant before making a property purchase here.

What taxes do Hong Kongers have to pay in the UK? 

Income from UK employment derived by a Hong Kong resident will be exempt from tax in the UK, as long as the recipient is present in the UK for no longer than 183 days in any 12 months, the remuneration is paid by a non-UK employer, and that the remuneration is taxable in Hong Kong.

The UK and Hong Kong Tax Treaty ensure that Hong Kongers do not pay tax twice on the same income.

A Double Tax Agreement (DTA) over-rides the domestic law in both the UK and Hong Kong.

If you are a non-resident in the UK and you gain UK bank interest, this income would be taxable as UK-sourced income under domestic law.

If you were resident in Hong Kong, the UK and Hong Kong Tax Treaty DTA would mean that the interest would only be taxable in Hong Kong.

HMRC would not be able to tax that income.

A Hong Konger in this situation would claim to HMRC on a Self-Assessment tax return to exempt the income from UK tax.

To discuss other ways of paying less tax in the UK, contact our team of UK tax accountants today.

Have a question about property investments, tax or being an expat?

There are a number of free events that will help you build investments/businesses with more comfort and move forwards with confidence.

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Who are the best UK and Hong Kong tax advisors?

When it comes to speaking to the best UK and Hong Kong tax advisors, it is vital to get in touch with tax accountants who have experience dealing with the tax systems in both the UK and Hong Kong.

We recommend that you read this information on the best UK and Hong Kong tax advisors.

You may be interested in services where we help Hong Kongers move to the UK. There are several legal matters and tax issues that you need to consider.

We have also written a helpful article about people Hong Kong citizens buying UK property investments.

You may also be interested in our upcoming live events with a panel full of professionals willing to take on your questions when moving to the UK from Hong Kong.

What is BNO in Hong Kong?

So, what is BNO in Hong Kong and what does it mean?  BNO’s are British nationals and Commonwealth citizens but not British citizens, thus are still subject to immigration controls.  This article covers this and more to give you a better understanding of the subject.

You may also be interested in knowing more about our property tax services if you are looking to invest in the UK buy to let properties.

What are the basics of British National Overseas?

As property accountants serving property investors across the UK, we understand that the legislation covering British National Overseas (BNO) can be confusing and overwhelming.

HMRC has complicated guidelines in place for the taxation of those moving into and out of the UK.

As experts in tax efficiency for our clients, we ensure that our British National Overseas clients do not fall foul of UK tax legislation.

The Government launched a new visa on 31 January 2021 for people from Hong Kong with British National Overseas status.

This five-year visa will enable BN(O)s and their dependent family members to live, work and study in the UK.

The Hong Kong visa enables BN(O)s to live in the UK for up to five years then apply for permanent settlement and, in turn, British citizenship.

The new Hong Kong visa will also give BN(O)s a route to permanent settlement and British citizenship.

It was created in response to the passing of a new national security law for Hong Kong.

An estimated 5.4 million Hong Kong residents (including 2.9 million BN(O)s and their dependent family members) are potentially eligible.

The Home Office estimates that more than 153,000 people might come to the UK in the first year, then up to 322,000 over the first five years.

BN(O) status was originally offered to people who, before the 1997 Hong Kong handover, had British Dependent Territories Citizenship (BDTC) through a connection with Hong Kong.

BN(O)s could previously use a type of British passport and seek consular assistance and protection from UK diplomatic posts in certain places.

The new Hong Kong BN(O) visa does not require a passport or a specified level of English.

Moving to the UK from Hong Kong tax advice

You may be interested in services where we help Hong Kongers move to the UK. There are a number of legal matters and tax issues that you need to consider. See how we can help you

More details

Why has the UK introduced this new visa system?

Hong Kong was handed from the UK to China under the Sino-British Joint Declaration agreement. The communist country would respect the territory’s capitalist system and the rule of law for 50 years.

This arrangement is known as ‘one country, two systems.

In June 2020, China’s parliament imposed a severe security law on Hong Kong following months of unrest and protest in response to the proposed extradition law.

The UK Government was among those who said it “restricts the rights and freedoms of the people of Hong Kong and constitutes a clear and serious breach of the Sino-British Joint Declaration”.

The new Hong Kong visa launched in January aims to provide residency and then full citizenship in the UK.

This could also mean an influx of BN(O)s investing in British property over the next five years and beyond.

How do I get a Hong Kong BNO visa? 

Applicants have to buy a Hong Kong BNO visa.

Individuals can pay £180 to apply to stay for two and a half years, which can then be extended by another two and a half years for an additional £180.

Or they can pay £250 to apply to stay for five years.

BN(O)s, and their family also have to pay an additional international health surcharge (IHS) to use the NHS. This costs £624 for an adult and £470 for a child.

Applicants need to prove that they can support themselves and their dependents financial for the first six months of their visa stay in the UK.

Review the Government guidelines on BN(O) visas for Hong Kong before applying.

Have a question about property investments, tax or being an expat?

There are a number of free events that will help you build investments/businesses with more comfort and move forwards with confidence.

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What is the difference between a BNO and a British Overseas citizen (BOC)?

There has been some confusion between a BNO and a British Overseas citizen (BOC).

A BOC is a member of a class of British nationality largely granted under limited circumstances to people connected with former British colonies which do not have close ties to the UK or its remaining overseas territories.

Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens.

Nationals of this class are subject to immigration controls when entering the UK and do not have the automatic right of abode there.

About 10,000 British Overseas citizens currently hold active British passports with this status and enjoy consular protection when travelling abroad.

BN(O)s are British nationals and Commonwealth citizens but not British citizens.

When entering the UK, they are subject to immigration controls and do not have an automatic right of abode there or in Hong Kong.

All BN(O)s would have had permanent resident status in Hong Kong when they acquired this nationality.

The UK now allows BN(O)s and their immediate family members to apply for five-year residence visas.

This nationality gives holders favoured status when residents in the UK, allowing them to vote, obtain citizenship and serve in public office or non-reserved Government positions.

Under the current estimated 2.9 million BN(O)s, roughly 623,000 of them hold active British passports with this status and enjoy consular protection when travelling abroad.

Moving to the UK from Hong Kong tax advice

You may be interested in services where we help Hong Kongers move to the UK. There are a number of legal matters and tax issues that you need to consider. See how we can help you

More details

Which documents do I need to apply for a British National (Overseas) visa?

When you apply for a BN(O), you’ll need to provide a valid passport or another travel document that shows both identity and nationality.

If you’re a BN(O), you can use a current or expired BNO passport to show your BNO status when applying.

You do not need a BNO passport to travel to the UK.

You also need to provide evidence:

– that you have a permanent home in Hong Kong, the UK, Channel Islands or the Isle of Man

– that you have enough money to support yourself and your family

– of your relationship with family members

– of your tuberculosis (TB) test certificate

Proof of permanent home address needs to be provided on three documents showing the address, including:

– household or utility bills

– a visa, residence permit or immigration document

– payslips or a recent P60

– bank statements

– a letter from the employer confirming employment

– records of rent or mortgage payments

– appointment letter from a GP or healthcare professional

– a letter from the local council or central Government

Your family members will need to provide evidence that their permanent home address is the same as yours.

Proof of having enough money to support yourself and your family for six months needs to be provided, including proof of ability to pay for accommodation.

Documents such as bank or savings accounts statements, payslips, proofs in income from self-employment, proof of income from rental property, a tenancy or mortgage agreement are all acceptable documents.

Proof of evidence of your relationship with family members also applying with you can include a copy of a marriage or civil partnership certificate, a birth certificate, adoption certificate for children, and evidence that their permanent home address is the same as yours.

To find out more about the tax position of BN(O)s coming to the UK, book a consultation with us today.

Have a question about property investments, tax or being an expat?

There are a number of free events that will help you build investments/businesses with more comfort and move forwards with confidence.

Free

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Must I apply for the Hong Kong BNO visa from outside or inside the UK?

Before applying for a Hong Kong BNO visa, you must apply online, and your permanent home must be in Hong Kong.

As part of an online application, you will need to prove your identity.

How you do this depends on what type of passport you have.

You’ll either use the ‘UK Immigration: ID Check’ app to scan your BNO, HKSAR or EEA passport, as well as needing to create or sign in to your UK Visas and Immigration (UKVI) account.

The second route is to go to an appointment at a visa application centre to give your fingerprints and a photo to get a biometric residence permit.

If you use a valid BNO or Hong Kong Special Administrative Region (HKSAR) passport to prove your identity, you do not need to travel to the UK using the same passport.

If you meet the eligibility requirements, you can apply to switch to a BNO visa if you’re already in the UK on a different UK visa.

Family members will usually need to apply at the same time as you.

What rights and privileges does a BNO have in the UK?

BN(O)s are not considered foreign nationals when residing in the UK and are entitled to certain rights as Commonwealth citizens.

These include exemptions from registration with local police, voting eligibility in UK elections, and the ability to enlist in the British Armed Forces.

British Nationals (Overseas) are also eligible to serve in non-reserved Civil service posts, be granted British honours, receive peerages, and sit in the House of Lords.

When travelling in other countries, BN(O)s may seek British consular protection.

A BN(O) is automatically a UK resident if they stay in the UK for 183 days or more, have a home in the UK, or carry out full-time work in the UK.

Moving to the UK from Hong Kong tax advice

You may be interested in services where we help Hong Kongers move to the UK. There are a number of legal matters and tax issues that you need to consider. See how we can help you

More details

Can Hong Kong BNOs invest in UK property?

Hong Kong citizens that invest in UK property need to think about tax.

There are different types of tax in the UK that are important to consider when undertaking property investment, including:

– Stamp Duty Land Tax (SDLT) when buying a buy to let property. SDLT is applied when you purchase a UK property, and there is a banded rate with additional surcharges for a Hong Kong citizen looking to buy in the UK. The 3% SDLT higher rate may be avoided if you buy a home and purchase property investments in your name. The 3% SDLT higher rate may also be avoided if you purchase buy to let investments in a Limited Company. There is also a 2% SDLT foreign surcharge if you stay and live in Hong Kong.

– UK income tax and corporation tax for Hong Kong citizens. You will pay income tax on any profits you make on UK property investments. Income tax rates are tiered based on the amount of money you earn and range from 0-45%. A personal tax-free income tax allowance is not given if you invest in the UK buy to let property but remains in Hong Kong. There is a flat rate of 19% on corporation tax based on the profits made in a Limited Company.

We have produced useful information for Hong Kong citizens and UK tax on property investments to review.

Hong Kong citizens buying UK properties for investment should get expert tax advice beforehand.

Should you invest in the UK buy to lets as a Hong Kong citizen?

You may be looking to the UK for investment purposes for several reasons.

– Stability issues surrounding China and Hong Kong

– Wish to spread investments risk across a multitude of countries

– May wish to live in the UK

– Have family members looking to move to the UK

– Want to buy a property that has a lower cost per square foot to generate an income

I am sure that there are many additional reasons why people from Hong Kong will look to invest in the UK, but it gives us a basis for this article.

Have a question about property investments, tax or being an expat?

There are a number of free events that will help you build investments/businesses with more comfort and move forwards with confidence.

Free

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Hong Kong citizens that invest in UK property need to think about tax.

There are different elements of tax that you need to be mindful of when investing in real estate property in the United Kingdom for someone from Hong Kong

Stamp Duty land Tax (SDLT) when buying a buy to let property

Stamp Duty Land Tax (SDLT) when you purchase a UK property. There is a banded rate for SDLT and additional surcharges that apply given certain circumstances when you are a Hong Kong citizen and wish to buy in the UK.

You need to be aware that you would have to pay a 3% SDLT higher rate if you purchase a buy to let investment and then choose to buy a home. The 3% SDLT higher rate may be avoided if you buy a home and then purchase property investments in your name. Equally, the 3% SDLT higher rate may also be avoided if you purchase buy to let investments in a limited company.

There are some other considerations with the 2% foreign SDLT surcharge if you stay and live in Hong Kong. This 2% SDLT foreign surcharge can be removed if you have plans to move to the UK.

UK Income tax and corporation tax for Hong Kong citizens

Income tax or corporation tax. You will pay income tax on any profits that you make on UK property investments. Income tax rates are tiered based on the amount of money that you earn and range from 0% to 45%. Please note that the 45% UK income tax rate may be exceeded where you have residential investments with a buy to let mortgage, which is often referred to as Section 24 mortgage interest relief cap.

Personal allowance. Similarly to the Hong Kong tax laws, you are eligible for some tax-free income called a personal allowance of £12,500. The personal tax-free allowance is not given if you invest in the UK buy to lets but remain in Hong Kong. Equally, the tax-free personal allowance is not provided if you only wish to be taxed based on the UK generated income and not worldwide income.

You may choose to pay tax based on your world0wide income or be taxed just on the money you earn in the UK. There is a lot of detail about residency status, domicile and the remittance basis charge.

Corporation tax. There is a flat rate of just 19% corporation tax based on the profits made in a limited company.

Moving to the UK from Hong Kong tax advice

You may be interested in services where we help Hong Kongers move to the UK. There are a number of legal matters and tax issues that you need to consider. See how we can help you

More details

Capital Gains Tax issues for Hong Kong citizens

There are no capital gains tax issues for people that sell assets in Hong Kong.

However, in the UK Capital Gains Tax (CGT) is chargeable on sold assets. This is a tax charge on any gains that you make on an asset. You will be 10% (18% for residential property) as a basic rate taxpayer and 20% (28% for residential property) as a high rate taxpayer.

There are many ways in which CGT may be mitigated.

UK Inheritance Tax considerations for Hong Kong citizens 

It will come as a bit of a surprise to people living in Hong Kong as there are no inheritance tax issues there.

However, this is not the case in the UK, which has an Inheritance tax that is chargeable on assets over £325,000 on death. Some countries call this estate tax. The amount of tax on the excess of £325,000 for one person is 40%. If you have a home over £325,000, the IHT band may be increased to £500,000.

You will only pay 40% inheritance tax on UK assets if you invest in the UK but live in Hong Kong. You will pay inheritance tax on worldwide assets if you are domiciled in the UK (a person living in the UK for more than 15 out of the last 20 years).

Hong Kong citizens to take advantage of the UK exchange rate.

People from Hong Kong can take advantage of the currency situation. At the time of writing the currency exchange rate has varied between $0.09 to $0.11.

This may not sound that much but can make a significant difference when you are about to invest between £100,0000 to £500,000 to purchasing UK buy to let property investment.

One of the ways that you can exchange money from Hong Kong to Great British Pound is to use a company called transfer wise.

Have a question about property investments, tax or being an expat?

There are a number of free events that will help you build investments/businesses with more comfort and move forwards with confidence.

Free

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Hong Kong tax considerations when buying UK property investments

The top income tax rate for Hong Kong citizens is 17% and the corporation tax top rate in Hong Kong is 16.5%.

People in Hong Kong benefit from an allowance of $132,000 before any income tax is payable.

Many tax-free allowances reduce Hong Kong taxable income. The types of tax allowances are dependent on whether or not you:

– Are married

– Have children

– Disability allowances for you or dependents

– Dependents being brothers and sisters

– Dependents being grandparents

You will not pay tax on Hong Kong on any earnings made in the UK (investment income/dividends). As such, you could transfer money earned in the UK to Hong Kong without worrying about paying more tax.

You are most likely to be paying more tax in the UK than you are in Hong Kong. This is because the basic rate tax band in the UK is 20% and the UK corporation tax rate is 19%.

This also means that you will are more likely to pay more tax if you allow your worldwide income to be taxed in the UK. That said you would benefit from a tax credit for the tax already paid in Hong Kong.

There are no Hong Kong Capital Gains Tax (CGT) or Inheritance (IHT) issues as we have described for the UK. As such, you do need to think carefully about investing and living in the UK when you are from Hong Kong, which is a low-taxed country.

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