Statutory Residence Test - HM Revenue & Customs

Annex A
Example A14
Mary has lived and worked in the USA for many years. Her uncle has a
holiday houseboat in the UK where he has agreed Mary can stay any time
she wishes, for as long as she wishes, when she comes here. Mary’s uncle
does not allow other people to stay in the houseboat.
Last year Mary came to the UK twice. She made arrangements to stay for
three weeks with a friend and for four weeks with her brother. Although the
houseboat was available for a continuous period of at least 91 days, Mary did
not use it at all. Therefore, she had no accommodation tie in respect of the
houseboat last year.
This year Mary again visited the UK twice, spending her five-week summer
holiday on her uncle’s houseboat. This year Mary has an accommodation tie
as the houseboat is available for a continuous period of at least 91 days and
she has stayed on it for at least one night.
A31 An individual does not have to own the accommodation. Ownership, form
of tenancy, or legal right to occupy the accommodation makes no difference.
A32 Accommodation can be any type of accommodation. For example,
accommodation provided by an employer, a holiday home, a temporary
retreat or something similar.
Example A15
Simone has lived and worked in France all her life. She and her brother
purchased a cottage in the UK several years ago as a holiday home. The
cottage is let for most of the year but June, July and August are always kept
free so that Simone or her brother can stay there. There is sufficient
accommodation in the cottage to ensure that Simone is able to stay there,
even when her brother and his family are also there.
Simone spent two weeks in the cottage last year and three weeks this year.
Simone has an accommodation tie both last year and this year.
A33 Accommodation is regarded as available to you for a continuous period
of 91 days if you are able to use it, or it is at your disposal, at all times
throughout that period (subject to the 16 day gap rule covered below). If a
relative were to make their home available to you casually, for a social visit,
say, it will not mean that the accommodation would be regarded as being
available to you. However, if it is available to you for a continuous period of 91
days and you use it casually, it will be a tie.
A 34 Similarly, a casual offer from a friend to “stay in my spare room any time”
will not constitute an accommodation tie unless your friend really is prepared
to put you up for 91 days at a time (whether he actually does so or not).
RDR3 92