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Seafarers
(Select any of the titles below to be taken to the relevant
information).
Who are Accsett ABC?
Foreign Earnings Deductions (seatax) - how it
works
IR205 - Foreign Earnings Help Sheet
Documentation and Investigation
What we do for you
Limitations
What we charge
What you do now
Who are Accsett ABC?
Pauline Kitchen is an experienced, associate member of the
Chartered Institute of Management Accountants (ACMA). Sarah
Kitchen is a trainee accountant - a student of the Association
of Accounting Technicians (AAT). We have significant experience
of the short sea sector and first hand experience of the trials
and tribulations of foreign earnings deductions. Our prime
objective is to provide you with an excellent service at a
reasonable price.
Foreign Earnings Deductions (seatax)
- how it works
If you are employed as a seafarer on board a ship and you
spend 183 out of 365 nights outside British territorial waters,
you may be entitled to reclaim all of the income tax you have
paid on your earnings, from that employment, for the full
year.
The definition of ship has been the subject of
considerable discussion and tribunal appeals in recent years.
The one certain fact that has emerged is that a jack-up rig
is not a ship for the purpose of claiming Foreign
Earnings Deductions; though
there may be other
floating structures in the offshore oil and gas industry that
are capable of satisfying the tests advocated by the Court
of Appeal
. For most seafarers, this issue will
be of no concern - a ship is a well known vessel! For anyone
who is uncertain about whether the vessel upon which they
are working may satisfy the definition of a ship, it would
be sensible to seek expert advice.
It doesn't necessarily matter that you haven't worked
all that time; some of your qualifying days can be made up
of time spent on holiday abroad.
In order to qualify, you must comply with three basic rules:-
Your qualifying period must start with a period outside
the country.
Your qualifying period must end with a period outside
the country.
You must not break the 'half-day rule'.
The 'half day rule' basically means that at any given point
in time, you must have spent at least half a day more out
of the country than you have spent in the country. If you
have already reached a time of 182 days out, then you break
the half-day rule, you have lost your right to reclaim any
of the income tax paid for a full year. For example, let's
say that your qualifying period started on 1st June 2003 and,
by 29th May 2004 you had spent 182 nights out of the country.
If you spend the night of 29th May ashore, you will lose your
right to claim a refund of one full years' worth of income
tax.
Assuming that you haven't broken the half-day rule, and that
you satisfy all the requirements for a valid claim, you don't
need to wait until the end of the next tax year before your
claim is submitted. Using the example above, you could immediately
claim a refund of tax paid during the tax year ending 5th
April 2004 (1st June to 5th April - 10 months).
IR205 - Foreign Earnings Help Sheet
The Inland Revenue have developed I.R. 205 to help you to
keep a proper record of your nights out of the country.
Click
here to download a copy of this form and guidance notes.
Documentation and Investigation
The Inland Revenue require that you retain documentation
to prove your claim for a period of 5years and 10 months following
the end of the tax year to which your claim relates. Since
you need the documentation for the actual tax year, that means
that you must keep all documentation for a period of 6 years
and 10 months; in practice, unless you are exceptionally well
organised, that means 7 years! (Note;- At Accsett
A B C, we are exceptionally well organised!)
If, during that period, you are selected for investigation
by the Inland Revenue - for whatever reason - and you cannot
produce the necessary evidence for your claim, you may be
required to repay the full amount of your claim.
The Inland Revenue is not required to provide a reason for
its investigation; nor is it likely to do so. It could be
an error on the claim form, or an anomaly; or it may even
be that your name has been selected at random using standard
audit procedures. They are not being 'difficult' - they are
simply doing their job! Providing your claim was demonstrably
valid, it doesn't need to be a problem. However, if you cannot
fully prove your claim for one tax year, it is highly likely
that they will examine any claim you have made during the
rest of the 6 year period.
What we do for you
We have developed a system that we believe will make the
whole process painless.
We will ask you to sign an Inland Revenue form (IR64/8) to
authorise us to deal with your self-assessment return on your
behalf. You can still contact the Inland Revenue yourself
with any queries if you want to but it means that you don't
need to. If you have any queries, all you have to do
is contact us and we will deal with any queries for you.
On an on-going basis, we'll check your documentation for
you, and advise you if we think you need to obtain any further
paperwork to support your claim. It's much easier to find
the necessary information at the time of the 'event', rather
than wait until you submit your claim up to a year later.
More significantly, it can be very difficult to find the necessary
documentation to prove where you were on a particular day
six years earlier.
We'll store all the documentation for you in line with Inland
Revenue requirements - so that it can be quickly and easily
retrieved in the event of subsequent investigation. Of course,
if you should need any of the documents yourself for any other
purpose, it will be a simple matter to return it (or a certified
copy) to you. This means that, provided we have all relevant
documentation in store, we would be able to deal with any
investigation on your behalf.
We'll keep up to date with any changes in the law, and tell
you how it could affect you. If necessary, we'll amend our
procedures to accommodate any new requirements.
Limitations
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The Inland Revenue has the right
to challenge any claim, there is never a guarantee that
your claim will be successful. |
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We can only act upon information
provided by you. We'll keep the system as simple as possible,
but it will only work well if you do your part. |
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We will not deal with any claim if we have
reason to believe that it is fraudulent. |
What we charge
Our charges are based on the service which you need, and
start at £130.00 (total).
What you do now
Contact us for more details.
a) Go to the 'enquiries' page on this website. Select
"foreign earnings deductions" in the drop down box
at the top, then complete your contact details.
or
b) Telephone us on 01944 768162, and leave your name
and address - or a telephone number where we can contact you.
or
c) e-mail us at enquiries@accsett.co.uk . Use the header
"foreign earnings deductions" or "seatax",
and give your name and address. Include your telephone number
if you would like us to contact by phone.
alternatively
d) Pick up one of our 'flyers' from the crew or officers
mess of your ship, fill in your contact details on the slip
provided and post it to us.
Your details will be used only to contact
you with information about our service relating to foreign
earnings deductions. We will not pass your details to anyone
else, and we will not contact you about any other service
we offer unless we receive a specific written request from
you to do so.
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