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 />
3.30 If you have a relevant job but make fewer than six cross-border trips in a<br />
tax year, the third automatic UK test and the third automatic overseas test will<br />
apply to you in determining your residence status.<br />
Workers with relevant jobs and the UK work tie<br />
3.31 For the purposes of the work tie, on any day on which you make a crossborder<br />
trip starting in the UK, you will be treated as having worked more than<br />
three hours in the UK on that day.<br />
Example 28<br />
Amit has a relevant job and he starts work as cabin crew an hour before his<br />
plane takes off from the UK for a continental destination. Although he only<br />
worked for one hour in the UK, for the purposes of the work tie this day counts<br />
as a UK work day.<br />
3.32 If your cross-border trip starts from outside the UK, you will be treated as<br />
not having worked more than three hours in the UK, provided you do not<br />
make another trip on the same day which starts in the UK.<br />
3.33 For any day on which you do not make a cross-border trip the normal<br />
work tie rules apply, so you will have a day that counts as a day for the work<br />
tie if you actually work in the UK for more than three hours. This would include<br />
work-related activities such as training.<br />
3.34 If on a single day you make both a cross-border trip starting in the UK<br />
and a cross-border trip starting overseas, the trip starting in the UK will count<br />
as more than three hours work and the day will be regarded as a UK work<br />
day.<br />
Example 29<br />
On another day, Amit starts work as cabin crew in the UK when his plane<br />
takes off for Paris. The plane is turned around and makes a return flight to the<br />
UK. Amit has worked on cross border trips both leaving from and arriving in<br />
the UK. As he has a relevant job, for the purposes of the work tie this is<br />
treated as a UK work day.<br />
3.35 The above rules apply no matter how late or early in the day your crossborder<br />
trip began or ended, and whether or not you started and completed<br />
your cross-border trip on the same day.<br />
3.36 If you undertake a cross-border trip in a series of stages over a number<br />
of days, each day will be treated separately for the purposes of determining<br />
which days you spent working in the UK.<br />
RDR3 43