Tax Implications of Moving to Scotland from the U.K.

From England to Scotland:

A Comprehensive Guide to how moving to Scotland from Other UK jurisdictions will change your personal taxes

In this article, we will address a question posed to us by a number of clients: How does moving to Scotland from another UK jurisdiction affects personal taxation matters

As part of the United Kingdom, Scotland follows many of the same taxation rules and procedures as the rest of the UK, with the primary body for taxation being His Majesty's Revenue and Customs (HMRC). However, there are areas of taxation where Scotland has devolved powers to set their own rules, rates, and bands. This is especially relevant in the area of income tax.

Note to reader: We recognise that Scottish independence is a significant topic of discussion and will work to keep this article up to date should any changes occur. Please feel free to send us any questions.

Scotland sets income tax rates for Scottish taxpayers

The Scottish Parliament has the power to set its own rates and thresholds for income tax for Scottish taxpayers. This means that the rates and thresholds for income tax in Scotland can differ from those in England, Wales, and Northern Ireland.

Corporation Tax, VAT and most excise duties are set by UK government

On the other hand, many other forms of taxation, such as Corporation Tax, VAT, and most excise duties, remain reserved to the UK government, which means that they are the same across the whole of the UK, including Scotland. Similarly, National Insurance contributions are set at the UK level.

Land and Building Transactions

Certain other taxes, such as Land and Buildings Transaction Tax (which replaces Stamp Duty Land Tax in Scotland) and Scottish Landfill Tax, are devolved to Scotland and may be different from equivalent taxes in other parts of the UK.

We support clients on their worldwide taxation matters, with a specialism in cross-border taxation. Contact us with any questions.

Scottish Landfill Tax (SLft) vs UK Landfill Tax

The Scottish Landfill Tax (SLfT) and the UK's Landfill Tax are both taxes levied on the disposal of waste to landfill, with the aim to encourage recycling and more environmentally friendly waste disposal methods. However, there are some differences between them due to devolved powers.

In 2015, Scotland implemented its own Scottish Landfill Tax (SLfT) as one of the first taxes to be devolved to Scotland. The SLfT replaced the UK's Landfill Tax in Scotland and is administered by Revenue Scotland rather than HM Revenue and Customs (HMRC).

While both taxes have similar structures, the exact rates can differ. Both taxes apply a lower rate for "inactive" (i.e., less polluting) waste, and a higher rate for all other waste. In April 2022, the standard rate for the UK Landfill Tax was £102.10 per tonne, while the lower rate was £3.25 per tonne. The standard rate for Scottish Landfill Tax is £98.60 and the lower rate is £3.15.

Additionally, the types of waste that qualify for the lower rate, as well as any exemptions or reliefs, vary slightly between the UK and Scotland.

Finally, it's important to note that while these two taxes are similar in many ways, the funds raised from the Scottish Landfill Tax go to the Scottish Government's budget, while funds from the UK Landfill Tax go to the UK budget.

Scottish Air Departure (ADT) Tax vs UK Air Passenger Duty (APD)

Air Departure Tax (ADT) is Scotland's planned replacement for Air Passenger Duty (APD), which is a tax on all eligible passengers leaving UK airports.

Air Passenger Duty (APD) is a tax levied on air travel that is operated by airlines that fly from a UK airport. The tax isn't charged on flights to the UK from overseas. The amount of tax varies depending on the distance of the flight and the class of travel.

The plan to replace the UK-wide Air Passenger Duty (APD) with Scotland's own Air Departure Tax (ADT). The intention was to reduce the tax by 50% with the eventual goal of completely abolishing it. This was part of Scotland's devolved powers granted by the Scotland Act 2016. However, due to a number of issues, including the need to obtain EU approval under state aid rules, the introduction of ADT has been postponed indefinitely.

Currently, APD still applies to flights departing from Scotland and is the same as the rest of the UK. Given the dynamic nature of these changes, it's recommended to check for any updates or consult a tax professional for the most current and accurate information.

Scottish Lands and Building Transaction Tax (LBTT) vs UK Stamp Duty Land Tax (SDLT)

Both the Land and Buildings Transaction Tax (LBTT) in Scotland and the Stamp Duty Land Tax (SDLT) in the rest of the UK are forms of tax applied to transactions involving the purchase of property or land. However, they operate under different rules and rates because the LBTT is a devolved tax specific to Scotland.

Here's a comparison of the tax rates and bands that were in place previously:

Stamp Duty Land Tax (England and Northern Ireland):

• Up to £125,000: 0%

• £125,001 to £250,000: 2%

• £250,001 to £925,000: 5%

• £925,001 to £1.5 million: 10%

• Over £1.5 million: 12%

First-time buyers can claim a relief that changes these thresholds.

Land and Buildings Transaction Tax (Scotland):

• Up to £145,000: 0%

• £145,001 to £250,000: 2%

• £250,001 to £325,000: 5%

• £325,001 to £750,000: 10%

• Over £750,000: 12%

As you can see, the thresholds and rates differ between the two taxes. Moreover, Scotland has additional reliefs that may apply in certain circumstances, such as the Additional Dwelling Supplement for purchases of additional residential properties, which is similar to the higher rates of SDLT for additional properties in the rest of the UK.

The rates and bands for both LBTT and SDLT have changed over time due to policy changes and temporary measures in response to events such as the COVID-19 pandemic. Therefore, it's important to check for the most up-to-date information or consult a tax advisor.

First-time buyer thresholds vary throughout the UK.

Council tax

How Scotland and Englands tax rates differ

In the tax year 2022-2023, the rest of the UK had three income tax rates:

• The basic rate of 20% on income up to £50,270.

• The higher rate of 40% on income between £50,271 and £150,000.

• The additional rate of 45% on income over £150,000.

In contrast, Scotland had five tax bands:

• The starter rate of 19% on income between £12,571 and £14,667.

• The basic rate of 20% on income between £14,668 and £25,296.

• The intermediate rate of 21% on income between £25,297 and £43,662.

• The higher rate of 41% on income between £43,663 and £150,000.

• The top rate of 46% on income over £150,000.

Generally, when you move from another part of the UK to Scotland and become a Scottish taxpayer, your income tax could be slightly higher or lower than before, depending on your exact income level.

Please note that you generally become a Scottish taxpayer if you move to Scotland and it becomes your main place of residence. Other factors, like where you work or the amount of time you spend in Scotland vs. the rest of the UK, can also play a role. It's a good idea to consult with a tax advisor or the HM Revenue and Customs (HMRC) for more specific guidance.

How to establish if you are under Scottish, English or other UK tax Residency?

Your tax residency in the UK, whether in Scotland or elsewhere in the UK, is determined by where you live, not your nationality.

You will typically be considered a Scottish taxpayer if you meet one of the following conditions:

1. You're a UK resident for tax purposes and spend more days of the tax year in Scotland than in any other part of the UK.

2. You're a UK government employee and you live in Scotland.

You would generally not be a Scottish taxpayer if you don't live in Scotland (or live abroad), even if you are a Scottish national or if you have a home in Scotland but spend more days of the tax year elsewhere in the UK.

These rules can be complex and may change over time, and there can be exceptions for certain groups of people or particular situations. If you're not sure about your tax residency, it's a good idea to consult with a tax advisor or contact HM Revenue and Customs (HMRC) directly. They can provide guidance based on your individual circumstances.

Are the expenses claimable by self-employed professionals the same under Scottish tax law as in other places in the UK?

Yes, the rules for expenses that self-employed professionals can claim are typically set at the UK level and apply equally across the entire United Kingdom, including Scotland. These rules are managed by Her Majesty's Revenue and Customs (HMRC), the UK's tax, payments, and customs authority.

UK self-employed professionals may find this article covering some of the different expenses you can claim interesting.

Contact us for an assessment of the unique tax expenses and reliefs to your profession and tax circumstance

For more advice on Scottish or other UK tax matters get in touch