Residence Rules For Individuals
As you are probably aware from 6th April 2013 The UK government implemented new tax rules to regulate tax residency. We believe that these rules make the position clearer and easier to use in order to establish the tax residency of a particular individual. It is worth mentioning that previously under tax legislation there was no statutory definition of "residence". Instead, it took its normal, everyday meaning. That interpretation was quite subjective and caused many complications. The new tax residency legislation took effect for individuals on 6th April 2013.
Three tests were introduced to determine the position of the individual.
If the individual qualified as non UK tax resident under one of the automatically overseas resident tests, he / she is not required to comply with the automatically UK resident test or the sufficient ties tests. If the tax position of individual is not clear under automatic overseas tests, he / she will need to refer to the next test and comply with automatically UK resident test after that if matters are still inconclusive the sufficient ties test.
In order to be definitely non-resident in the UK under the automatically overseas resident test, the individual should comply with one of the conditions below :
It should be noted that it can be full time in one employment or a combination of various jobs.
As we stated above if an individual is not able to identify his / her tax residency status in the UK under the automatically overseas resident test, they are then required to apply the automatically UK resident test.
Under this test, the following rules are applicable:
The last test is the sufficient ties test, which is as follows: -
The Family tie applies if an individual has a relevant relationship with another person who is a resident in the UK for that tax year. As you can see it can be interpreted very broadly. So the tax authorities have confirmed their position on it, saying that a relevant relationship means husband or wife or civil partners if they are not separated; living together as husband and wife or, as civil partners, and children under 18. A special rule is applied for children under 18 years old, who are in full time education in the UK. Those children are treated as non-residents in the UK, if the time spent in the UK outside of the academic terms is less than 21 days. Also if a child in the UK can be a family tie for an individual, but if the parent sees his / her child for less than 60 days in the year, it will be discounted as a tie.
In respect of residential property, if this property is available to be used as a place of residence for 91 consecutive days, and it is used by individual for one night in the year, or in case of the homes of adult "relatives" at least 16 nights, it would qualify for the individual’s accommodation tie.
In respect of the work tie. If an individual works in the UK for at least 40 days (whether continuously or intermittently) in the year, it would be considered as a work tie. Working in the UK for a day, means doing more than 3 hours of work. Special rules are applied for workers in the transportation industry, who obviously can do more than 3 hours per day working in the UK but they are non UK resident for tax purposes as they are being regulated differently.
The 90 day tie is regulated as following:
The last tie is the country tie, which basically means that there is no other country in which more days ended than in the UK.
Separate day counting applies for arrivers and leavers.
Arrivers (resident in none of preceding 3 tax years)
Leavers (resident in the preceding 3 tax years)
Split Year treatment is available for certain taxpayers but with some limitation. The concept of ordinary residence is abolished with effect from 6th April 2013. Special measures in the new rules eliminate for individuals the possibility of creating artificial short periods of non-residence, during which they receive a large amount of income (which accrued during periods of UK residence) free of UK tax and then bringing the income back into the UK tax free.
The above stated rules will help individuals to use the tests to self-assess their residence status. The aim is tests that deliver certainty, produce clarity and is as simple as possible.
We provide this information without liability and would always recommend a full consultation for individuals in order to establish their residence status in the UK.
Services we offer
We are pleased to able to offer the following taxation based services: -
All taxation services are arranged on a fixed fee basis with the fee to be charged agreed in advance of any work being undertaken.
For all questions regarding your business in the UK and tax planning, please contact our Business Consultancy team at Law Firm Limited on +44 (0)20 7907 1460 or via email