Statutory residence test - transit days

Statutory residence test - transit days

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Taxpayer on journey in and out of UK stays overnight at home doing nothing (no meetings/social activities/cinema visits etc).  Family home is very near airport so this option is quicker and cheaper than staying at a hotel.  Can this overnight stay be counted therefore as a transit day or does trip to taxpayer's own home always count as unrelated activity to the journey through the UK, thus making it count as one day for SRT.

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By nick farrow
16th Oct 2014 16:53

interesting office manager

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By Steve Kesby
16th Oct 2014 17:50

A day isn't spent in the UK

If P arrives in the UK as a passenger on that day, P leaves the UK the next day, AND between arrival and departure P does not engage in activities that are to a substantial extent unrelated to P's passage through the UK. FA 2013, Sch. 45, para 22(3).

Personally, I would say that going home, rather than staying at a hotel, stopped it being a mere "passing through" the UK, irrespective of how little was done there.

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Replying to Wilson Philips:
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By Manchester_man
16th Oct 2014 21:27

Agree

Steve Kesby wrote:

If P arrives in the UK as a passenger on that day, P leaves the UK the next day, AND between arrival and departure P does not engage in activities that are to a substantial extent unrelated to P's passage through the UK. FA 2013, Sch. 45, para 22(3).

Personally, I would say that going home, rather than staying at a hotel, stopped it being a mere "passing through" the UK, irrespective of how little was done there.

This too is my understanding.

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By Caber Feidh
20th Oct 2014 16:26

Taxpayer's residence status if accompanied in an airport hotel

What would be the taxpayer's residence status if he were to stay in the airport hotel but be joined for the night by his UK resident wife/mistress/girlfriend (presumably not all three, or, at least, not all at the same time)?

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By Steve Kesby
20th Oct 2014 16:57

Well...

... is he going to engage in activities that are to a substantial extent unrelated to his passage through the UK? I think he might!

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