Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
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Days spent in the UK<br />
<br />
<br />
<br />
in order to meet the third automatic overseas test you must not work<br />
more than three hours a day in the UK on more than 30 days in the tax<br />
year;<br />
in order to meet the third automatic UK test more than 75% of days on<br />
which you work for at least three hours must be days spent working in<br />
the UK;<br />
you will have a work tie if you work more than three hours a day in the<br />
UK on 40 days or more.<br />
3.15 Even though days on which less than three hours of work is carried out<br />
in the UK are ignored for SRT purposes, they should still be taken into<br />
account when you are calculating your UK taxable income.<br />
3.16 You will need to keep records which allow you to identify the number of<br />
hours you have worked in a given day.<br />
Travel to or from a temporary workplace whilst working full-time<br />
overseas<br />
3.17 If:<br />
<br />
<br />
<br />
you work full-time overseas<br />
your permanent workplace is overseas<br />
you occasionally travel to a temporary workplace in the UK<br />
the cost of travelling between your workplace overseas and the temporary<br />
workplace in the UK is a tax deductible expense and so the time spent<br />
travelling is treated as time spent working.<br />
Example 19<br />
Maalav is working overseas, he has to travel to the UK for a business meeting<br />
in London, (the place of the business meeting is a temporary workplace)<br />
arranged for Monday morning at 9.00am. The cost of the journey would have<br />
been deductible for tax purposes had he met it himself.<br />
Maalav flies to the UK on Sunday evening; he disembarks his plane at<br />
6:00am on Monday at Heathrow and after clearing immigration and customs<br />
leaves the terminal at 7.30am. Maalav travels directly to his business meeting<br />
arriving there at 8.45am. The meeting lasts two hours after which he returns<br />
to the airport for a return flight the same day.<br />
The time spent travelling from overseas up to the point of disembarking at<br />
Heathrow counts as work done overseas. Time spent travelling from<br />
disembarking at Heathrow to the place of his business meeting counts as<br />
work done in the UK, as does the duration of the meeting and the return<br />
journey to Heathrow. As Maalav worked for more than three hours in the UK<br />
on this day it is also a UK work day.<br />
RDR3 38