Dual USA/UK Citizen Remote Work Question

[catfrances 3]

Hi,
I am a dual citizen of the UK and USA. I live and work in the USA. If I visit the UK for 5.5 months to stay with my mum and have a return ticket back to the USA, will I be liable to pay UK taxes for the duration of being at my mums for 5.5 months? I will not be working for any UK company just visiting but I will be working remote for the company I work for in the USA.
Thank you for any advice.

[Boiler 45,516]

So you will not be claiming UK Residency, for example your Healthcare will be taken care of by your US Insurance, you will use your US DL?

[catfrances 3]

1 hour ago, Boiler said:

So you will not be claiming UK Residency, for example your Healthcare will be taken care of by your US Insurance, you will use your US DL?

Correct, Everything will remain USA based. I will just be on holiday for the 5.5 months and working as normal without claiming anything from the UK. 

Someone mentioned if you are out the coun try longer than 3 months you can be charged taxes, I have no idea where to find the answer.

Thank you.

[Wuozopo 4,293]

3 hours ago, catfrances said:

Hi,
I am a dual citizen of the UK and USA. I live and work in the USA. If I visit the UK for 5.5 months to stay with my mum and have a return ticket back to the USA, will I be liable to pay UK taxes for the duration of being at my mums for 5.5 months? I will not be working for any UK company just visiting but I will be working remote for the company I work for in the USA.
Thank you for any advice.

Your permanent residence and tax home is the US. A long holiday in the UK does not change that. You continue to pay all taxes to the US and not the UK. There is a treaty saying you pay to where you reside. Even if you worked for a British company (as a US resident) you would still pay your tax to the IRS, not HMRC. 

[catfrances 3]

19 hours ago, Wuozopo said:

Your permanent residence and tax home is the US. A long holiday in the UK does not change that. You continue to pay all taxes to the US and not the UK. There is a treaty saying you pay to where you reside. Even if you worked for a British company (as a US resident) you would still pay your tax to the IRS, not HMRC. 

Thank you for the reply. Do you know by chance when a long holiday in the UK technically turns into being a resident again? IE, having to start paying taxes etc?

[Wuozopo 4,293]

37 minutes ago, catfrances said:

Thank you for the reply. Do you know by chance when a long holiday in the UK technically turns into being a resident again? IE, having to start paying taxes etc?

 

I don’t. How about things like when you go to work for a British employer, purchase or rent a UK home, sell your US home and cars, transfer your money to a UK bank account.  I think your tax home is somewhat determined by your actions and  perception of where your intended long term place of business and residence are.  Right now you claim to be visiting the UK. Are you planning to make it your home for many years? Are you looking for employment?  Have you spoken to your US employer about withholding UK taxes from your check and remitting to PAYE.

Are you an employee or a sel-employed contractor? W2 or 1099-MISC wage statement?

 

Edited September 8, 2020 by Wuozopo

[catfrances 3]

15 minutes ago, Wuozopo said:

 

I don’t. How about things like when you go to work for a British employer, purchase or rent a UK home, sell your US home and cars, transfer your money to a UK bank account.  I think your tax home is somewhat determined by your actions and  perception of where your intended long term place of business and residence are.  Right now you claim to be visiting the UK. Are you planning to make it your home for many years? Are you looking for employment?  Have you spoken to your US employer about withholding UK taxes from your check and remitting to PAYE.

Are you an employee or a sel-employed contractor? W2 or 1099-MISC wage statement?

 

Thanks for the chat, that is how I see it too, I am not looking to stay there and have a return ticket.

I think it is because I am going back to my old visa days where I couldn't stay longer than 3 months when I visited the USA. Those were the days! Now I am a dual citizen it has changed.

 

I appreciate your time

[Wuozopo 4,293]

4 minutes ago, catfrances said:

Now I am a dual citizen it has changed.

When you entered the U.K. some months back, did you enter with your British passport? If so, then there would be no limit on your stay. The reason I ask is because when I last visited, my British passport was expired and I entered as an American and had a limit on my stay. Since we were just on a 3 week holiday, it didn’t really matter to me.

 

[catfrances 3]

1 minute ago, Wuozopo said:

When you entered the U.K. some months back, did you enter with your British passport? If so, then there would be no limit on your stay. The reason I ask is because when I last visited, my British passport was expired and I entered as an American and had a limit on my stay. Since we were just on a 3 week holiday, it didn’t really matter to me.

 

Yes I use my UK, so I don't get asked the usual questions. I use my USA returning and no matter what I always get asked questions when i return back here, sigh.  

[Wuozopo 4,293]

9 minutes ago, catfrances said:

Yes I use my UK, so I don't get asked the usual questions. I use my USA returning and no matter what I always get asked questions when i return back here, sigh.  

Normally I do the same to go through the fast line at each place, but I hadn’t renewed my British passport in time. The  visitor line was l-o-o-o-ng at Heathrow.