UK residency is determined based on a combination of factors and the application of the Statutory Residence Test (SRT).
Here is an explanation of how it works.
Automatic UK residency
You are automatically considered a UK resident if you meet any of the following conditions:
- You spend 183 or more days in the UK during the tax year.
- Your only home is in the UK, and you spend at least 30 days there during the tax year.
- You work full-time in the UK for 365 days without any substantial breaks.
Automatic non-UK residency
You are automatically considered a non-UK resident if you meet any of the following conditions:
- You spend fewer than 16 days in the UK during the tax year.
- You spend fewer than 46 days in the UK during the tax year, and you have not been a UK resident for the past three tax years.
- You work full-time overseas for the tax year with no more than 30 days of work in the UK.
Statutory Residence Test (SRT):
If you do not meet the automatic residency conditions, the SRT is used to determine your UK residency status.
The SRT considers various factors such as the number of days spent in the UK, connections to the country, and intentions to reside in the UK.
It assigns points to each factor, and the total points determine your residency status.
The SRT includes three tests: the Automatic UK Test, the Automatic Overseas Test, and the Sufficient Ties Test.
The Automatic UK Test and the Automatic Overseas Test are used to determine automatic residency or non-residency as mentioned earlier.
The Sufficient Ties Test considers factors such as family, accommodation, work, and presence in the UK.
The more ties you have, the more days you can spend in the UK without being considered a resident.
Split Year Treatment
The Split Year Treatment allows individuals who arrive in or leave the UK partway through the tax year to divide the year into a UK resident period and a non-resident period for tax purposes.
This treatment helps individuals who are only in the UK temporarily to limit their tax obligations.
Conclusion
It is important to note that UK residency rules can be complex, and it is advisable to seek professional advice or consult the UK government’s guidance to ensure accurate determination of your residency status for tax purposes.
