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Statutory Residence Test - HM Revenue & Customs

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The statutory residence test<br />

1. <strong>Statutory</strong> residence test - the basic rule<br />

1.1 You will be resident in the UK for a tax year and at all times in that tax<br />

year (although the effect of this rule is relaxed under split year treatment), if<br />

you do not meet any of the automatic overseas tests and:<br />

<br />

<br />

you meet one of the automatic UK tests, or<br />

the sufficient ties test.<br />

1.2 You should take the following steps to ascertain your residence status<br />

under the SRT:<br />

Step 1: Consider whether you spent 183 days* in the UK in that tax year. If<br />

you did, you will be resident in the UK. If not:<br />

Step 2: Consider the three automatic overseas tests. If you meet one of these<br />

you are not UK resident. If you did not:<br />

Step 3: Consider if you meet the second and third UK tests. If you meet one<br />

of these, you are UK resident. If you did not:<br />

Step 4: Consider the sufficient ties test. If you meet this you are UK resident,<br />

if you do not meet this, you are not UK resident.<br />

* For advice on calculating the number of days you have spent in the UK see<br />

paragraphs 3.1 and 3.2.<br />

1.3 The above steps are shown in the flow diagram on the next page.<br />

RDR3 8

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