Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
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Split Year Treatment<br />
Example 34<br />
Amanda has been living in the UK since she was born and is UK resident for<br />
tax purposes. She has worked in the media industry for five years and gets a<br />
job as a reporter on a three-year contract based in India. She moves there on<br />
10 November 2013 and lives in an apartment provided by her new employer.<br />
She meets the overseas work criteria from 10 November 2013.<br />
She returns to visit her family over the Christmas period for two weeks, and<br />
does not work while she is there.<br />
Amanda remains working in India throughout the tax year 2014-15, again only<br />
returning for a two-week period over Christmas.<br />
Amanda will receive split year treatment for tax year 2013-14 because:<br />
- she was UK resident for 2012-13 and 2013-14<br />
- she is non-UK resident for 2014-15 and meets the third automatic<br />
overseas test for that year<br />
From 10 November 2013 until 5 April 2014 she:<br />
- does not work at all in the UK<br />
- spends 14 days in the UK, which is less, by reference to Table E above<br />
than the permitted limit of 37 days.<br />
For Amanda, the UK part of the tax year will end on 9 November 2013, and<br />
the overseas part of the tax year will start on 10 November 2013.<br />
Case 2: The partner of someone starting full-time work overseas<br />
5.16 You may receive split year treatment for a tax year if your partner meets<br />
the conditions for Case 1 split year treatment for that year or the previous year<br />
and you move overseas so that you can continue to live with them while they<br />
are working overseas. You must:<br />
<br />
<br />
<br />
<br />
<br />
be UK resident for the tax year being considered for split year<br />
treatment<br />
be UK resident for the previous tax year (whether or not it is a split<br />
year)<br />
be non-UK resident for the tax year following the tax year being<br />
considered for split year treatment<br />
have a partner whose circumstances fall within Case 1 for the tax year<br />
or the previous tax year<br />
have been living together in the UK either at some point in the tax year<br />
or the previous tax year<br />
RDR3 56