The new statutory residence test explained

Earlier this year HMRC introduced a new statutory residence test, which has been designed to provide greater certainty as to whether or not individuals are UK resident for tax purposes, explains RJP’s Lesley Stalker.

It is a welcome development as many clients have faced years of uncertainty over their residence status. However as with many such initiatives, the rules are unfortunately complex and it may be necessary to obtain professional advice before your residence status can be determined conclusively.

Although the test does not have retrospective effect, it could be the case that someone who has previously been considered to be non UK resident becomes UK resident with effect from 6 April 2013. There are a number of stages to the test and a variety of rules to apply in order to determine status. Of these, the ‘automatic overseas test’ is the first port of call since if you ‘pass’ this test you can conclusively be considered to be non UK resident and you need proceed no further.

The basic rules are...

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Comments

Non residence= non-domiciled ?

mickeyparish | | Permalink

Are these tests designed to narrow the gap in definition between residence and domicile, in order to eventually eliminate it altogether ?

compulsory?

mhtax | | Permalink

Contrary to normal expectations I have a client who meets the automatic non-reesident tests but who wants to be resident here for tax purposes. Is it possible to opt out in this way

Conclusively non-resident

swatt66 | | Permalink

I think from the wording it implies your client will be conclusively non-resident since it says that if you meet the automatic non-resident tests you are not conclusively non-resident.

This assumes that normal syllogism rules apply here and that, as with pregnancy you cannot be slightly non-resident.

bencooper's picture

Really Useful Guide

bencooper | | Permalink

I have just been helping a friend of mine who is a skipper on a boat based i nthe Med, research the issue of residence for tax purposes and found a really useful guide here The Fry Group - SRT guide. If you look at the bottom of the form, you can download it without giving them your details so you dont get inundated with marketing fodder!