I am in the process of applying for a B-permit and the gemeinde has told me I need a P85.
I asked them what this was and they gave me an example letter, which is from the HMRC which seems to be an approval for not taking tax from somebodys UK rental income. Random as I have no property in the UK.
The form they gave me with documents I need actually says "Wegzugsbestätigung vom herkunftsland Ausnahme Englang: Bestätigung "No residence" von der steuerverwaltung."
I rang HMRC and they are confused as a P85 is to claim back tax when leaving the UK and they would not send me a non residence certificate.
Any UK citizens had to provide this and can give me a clue?
Cheers
So I've filled in the P85 form & written a letter asking for confirmation that I'm non resident in the UK. Who knows how long it'll take to get a response from HMRC. Has anyone else ever been asked for this... I've never heard of it before.
What is your situation? First B application? A renewal? On what basis are you residing here, have you got employment contract, jobseeker or retiring here? Have you got a tenancy agreement for appartment?
I'm here on an L-permit currently, it runs out at end of April. I recently got married, husband Swiss, which seems to have made things more complicated
As well as this tax residency thing, apparently I need a work contract or else I'll get a 1 year instead of 5 year B... Shocked!
England does not have a system of registration in every town, unlike Switzerland. They will never issue a non residence certificate, you become non resident if you fail to qualify as a resident, there is from this year a statutory definition of residence. google is your friend.
I'm married to a Swiss citizen and I also need a renewal every year instead of 5 years, because he is my "sponsor" so to speak, rather than an employer. Something about trying to avoid sham marriages. There are plenty of others on the Forum in the same situation. It's a little odd, but it's not a big deal. As for your tax issue, I'll have to defer to others that are more familiar with the situation.
I suspect our situation is different, but we completed a P85 voluntarily on arrival in October 2011.
We did get an acknowledgement of the P85 from HMRC outlining the process to apply for non resident landlords approval to receive rent with no tax deducted , which we needed.
After completing this form NRL1, I received confirmation that HMRC were happy not to deduct tax.
I was never asked for my B-Permit for the P85, and I do not believe HMRC would have been willing to give approval of my stated tax non-residence, although I did get a tax refund by noting by non-residence on my self assessment return.
UK tax is self assessment, you get what you ask for unless the revenue investigate.
The Swiss can't really get their heads around this though. I have a letter that confirms me as an overseas voter, my P45 & I've sent off the P85, so I hope that will satisfy them.
A little bit annoyed that I might only get a 1 year B, purely because I don't want to go through this drama every 12 months!
If you're married to a Swiss citizen, you shouldn't have to redo the full paperwork every 12 months unless there are changes to your status (work, kids, etc.). I fill out a one-page form and return to the Gemeinde, and about a month later the new permit arrives. I go trade in the old one in person and pay the fee, and it's done. The first one was a bit of a pain, but after that it's been hassle-free.
I'm a bit worried about this. I have sent off my P85 & P45 to HMRC, thats about all I can do. I am worried that they will refuse me a permit because I haven't got a piece of paper, that doesn't even exist it seems.
I can't take paperwork into Gemeinde until next week as my Husband needs to sign it and he is away until Sunday, meanwhile I'm sat at home stressing.
True - something that (in my experience) applies to just about every officialdom - they cannot concieve that other countries might do things differently. More of a problem though in highly regulated countries like Switzerland.
On the original question, I've never heard of a P85 being asked for (it is anyway a form you the taxpayer fill out, not something you get from HMRC. I'm actually amazed they have heard of it.
The letter you describe is not a P85. Where is that "Englang" place anyway ?
UPDATE: I took all my documents to the Gemeinde on Monday, including a copy of the P85 form that I had sent to HMRC.
Today they rang and said that they needed the P85 not just the form I'd filled in. Explained that form I'd filled in was the P85 (head & brick wall comes to mind.)
Went down there & they again showed me a copy of a letter about overseas landlords (I don't have a property so can't apply to be treated as an overseas landlord by HMRC.... Head & brick wall again).
Eventually they said they will accept a letter from HMRC saying that they had received my P85. I explained that this may take many weeks to get. They said that that is fine, they will wait!
Why do they insist on a P85 if you dont own property?
I find in cases such as this and dealing with "doris & dilbert" in general have no clue and are just blindly following a check sheet.
Bypass the local geminde and go to the cantonal level or write a registered letter to the head of the entry control to explain why u need this form when it clearly does not apply in your situation.
In general it works wonders.