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UK Legislation

NI Refund after paying for 3 years overseas

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NI Refund after paying for 3 years overseas

Postby Alrescha » Mon 3 Sep 2012 21:55 GMT

This seems like a tricky one. I have asked on some other forums with mixed replies, some yes some no and no one can get me a specific "how to"

I came to the USA over 3 years ago on a Work Visa. I work for a UK based company in one of their US offices. I have been paying NI contributions the whole time (About 12% of my salary). I pay all federal, state and local taxes but have not been paying Social Security, Medicare etc.

I just obtained a green card and plan on staying in the US for the rest of my life. I may change my mind but not in the next 10 to 20 years. I am 26.

I want to file as Non-Resident which I need some help with??

I also want to know if I can claim back the 3 years of NI contributions I have been making. My employer told me I had to keep paying, had I know, I could have stopped, I would have. It was always my plan to stay here beyond my Visa.

Is a refund possible? If so, how do I file?

Thanks Toby
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Postby Graeme » Mon 3 Sep 2012 23:09 GMT

I moved this to Chinwags as it seemed a better place for it, however it really should be on the USA board I guess, or maybe even the pensions board?
Anyhow, now it's here:

I'm not sure you can get a refund Toby they don't give money back willingly, however you will get a pension when you turn 67 or so depending on what the state of the nation is then (40+ years away yet).
Best bet is to call the Inland Revenue in Benton Park, Newcastle upon Tyne (Ha' way the Lads) on 44-191-22-57917 and ask them directly.
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Postby Dave » Tue 4 Sep 2012 01:51 GMT

Sorry, I've shifted it again. The question about the refund (which is the one in your topic title) seems to me to lie squarely in the realm of the UK Legislation board.

As for filing as Non-Resident, you don't say whether you're talking about the UK or the US. If you're talking about the UK, it's straightforward - just tick the appropriate box in your tax return. Guidance as to who qualifies for non-resident status is available on the HMRC website:
http://www.hmrc.gov.uk/cnr/faqs_general.htm
(I've just noticed that they have some FAQ about NI refunds too, so you may find an answer to your question at the same link!)

For the US, Graeme's right - best off asking the question on the US General board on our In-Country forum.
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Postby SteveGill » Tue 4 Sep 2012 10:53 GMT

Its unlikely you'll get a refund. Remember the employer will have been paying employers NI contributions for you as well, so if they could get away without paying NI it would have been in their interest as well.

As Dave says uk non residence is declaring it on your tax return. Have you been completing a UK tax return for the last 3 years?
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