Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
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Annex B<br />
<br />
Split year Cases 4 and 5 - proportionately reduced number of days an<br />
individual spends in the UK for sufficient ties<br />
B6 SRT day counting tests where exceptional circumstances cannot be<br />
taken into account when an individual is determining whether they<br />
satisfy the test<br />
Second automatic UK test<br />
an individual is present in their home on at least (for UK homes) or<br />
fewer than (for overseas homes) 30 separate days<br />
period of 91 consecutive days, at least 30 of which fall within the tax<br />
year<br />
Third automatic UK test<br />
an individual works sufficient hours in the UK, as assessed over a<br />
period of 365 days<br />
75% of the total number of days<br />
at least one day in the tax year is a day on which an individual does<br />
more than three hours of work in the UK<br />
significant break – 31 days go by<br />
Third automatic overseas test<br />
significant break – 31 days go by<br />
number of days on which an individual does more than three hours<br />
of work in the UK is fewer than 31<br />
Full-time work - 15 day gap between employments (and 30 day<br />
maximum number of days that may be subtracted for gaps between<br />
employments)<br />
Family tie - an individual spends time with their child in person on 60<br />
days or fewer, for all or part of a day<br />
Family tie - an individual’s child spends fewer than 21 days in the UK<br />
outside term-time<br />
Accommodation tie<br />
continuous period of 91 days<br />
gap of 15 days or fewer<br />
Work tie - an individual works in the UK for at least 40 days<br />
<br />
<br />
Country tie - midnight test – greatest number of midnights.<br />
Deeming rule – if an individual has more than 30 qualifying days, the<br />
excess are treated as if the individual were in the UK at the end of the<br />
day, subject to the conditions set out in paragraph 3.5.<br />
B7 The maximum number of days spent in the UK in any tax year that may be<br />
ignored due to exceptional circumstances is 60. This is a limit, not an<br />
allowance or entitlement, and it applies whether there is one event or several<br />
events in the same tax year. Days spent in the UK over the 60-day limit count<br />
for the purposes of the SRT.<br />
RDR3 97