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Statutory Residence Test - HM Revenue & Customs

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The statutory residence test<br />

Step 4<br />

Divide the number of days in your reference period (step 3) by seven. If the<br />

answer is more than one and is not a whole number, you should round your<br />

answer down to the nearest whole number. If the answer is less than one,<br />

round up to one.<br />

Step 5<br />

Divide your net UK hours (step 2) by the number resulting from Step 4. If your<br />

answer is 35 or more you worked full-time in the UK during that particular 365-<br />

day period.<br />

Sufficient ties test<br />

1.42 If you do not meet any of the automatic overseas tests or any of the<br />

automatic UK tests, you should use the sufficient ties test to determine your<br />

UK residence status for a tax year. You will need to consider your connections<br />

to the UK, called ties, and determine whether your ties, taken together with<br />

the number of days you spend in the UK, are sufficient for you to be<br />

considered UK resident for tax purposes for a particular tax year.<br />

1.43 If you were not UK resident for any of the three tax years before the tax<br />

year under consideration, you will need to consider if you have any of these<br />

UK ties:<br />

<br />

<br />

<br />

<br />

a family tie<br />

an accommodation tie<br />

a work tie, and<br />

a 90-day tie<br />

1.44 If you were resident in the UK for one or more of the three tax years<br />

before the tax year under consideration, you will also need to consider if you<br />

have a country tie. All these ties are defined in section 5.<br />

Number of UK ties<br />

1.45 The number of days you spend in the UK in a tax year dictates the<br />

number of UK ties that are needed for you to be UK resident. This is set out in<br />

the tables on the following page.<br />

RDR3 28

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