Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
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Period of temporary non-residence<br />
you will be treated as having remitted that relevant foreign income to the UK<br />
in the period of your return. This replaces and updates the existing temporary<br />
non-residence charge. RDRM32510 contains detail of the rules.<br />
Example 46<br />
Marie returned to the UK during the tax year 2018–19 after a period of<br />
residence abroad.<br />
She originally left the UK to become resident abroad on 2 September 2013<br />
(end of period A) and so her year of departure was 2013–14. She had been<br />
resident in the UK for the seven years before her departure and claimed the<br />
remittance basis in those years.<br />
While Marie was resident abroad she remitted to the UK the following relevant<br />
foreign income (RFI):<br />
- £15,000 RFI from 2009–10 remitted in 2014–15<br />
- £18,000 RFI from 2010–11 remitted in 2014–15<br />
- £18,000 RFI from 2011–12 remitted in 2015–16<br />
- £20,000 RFI from 2012–13 remitted in 2016–17<br />
Total £71,000<br />
As she was not resident in the UK, this income was not taxed when remitted<br />
here.<br />
On her return to the UK on 1 June 2018 (the beginning of the UK part of split<br />
year 2018-19), Marie is within the special rules because her period of<br />
temporary non-residence was less than five years. She will be liable to UK tax<br />
on these earlier remittances which took place when she was temporarily nonresident.<br />
They will be chargeable to UK tax in 2018-19, the tax year of her<br />
return.<br />
Distributions from closely controlled companies<br />
6.17 Where you receive, or become entitled to, distributions from a UK or<br />
overseas company during a period of temporary of non-residence, and the<br />
company:<br />
<br />
<br />
is a close company, or<br />
if it is an overseas company, it would have been a close company had<br />
it been UK resident<br />
and you are either,<br />
<br />
a material participator in the company, or<br />
RDR3 76