Employment Tax

Residence ― Arrivers in the UK

Produced by Tolley in association with Oliver Heslop
  • 19 Oct 2021 23:23

The following Employment Tax guidance note Produced by Tolley in association with Oliver Heslop provides comprehensive and up to date tax information covering:

  • Residence ― Arrivers in the UK
  • The statutory residence test
  • Automatically non-resident?
  • Fewer than 46 or fewer than 16 days test
  • Sufficient hours overseas test (SHOT)
  • Automatically resident?
  • At least 183 UK days
  • UK Home
  • Sufficient hours of UK work test
  • Sufficient ties test
  • More...

Residence ― Arrivers inthe UK

The statutory residence test

The Statutory residence test (SRT) introduced major changes to the UK tax residence rules. With effect from 5 April 2013 objective tests apply to determine a person’s UK tax residence. Prior to this, the non-statutory UK tax residence position was set out by HMRC guidance HMRC6. This guidance note deals with the status of Arrivers to the UK and focuses upon common tax scenarios. There is no legal definition of an Arriver but this term is commonly used by HMRC to mean someone arriving inthe UK has not got a recent history of UK residence, including international assignees who are short or medium term visitors to the UK who do not intend to settle permanently.

Automatically non-resident?

When a person arrives inthe UK, you must first test whether he is automatically non-resident (FA 2013, Sch 45, paras 11–16 automatic overseas test). When an Arriver is automatically non-resident, he cannot also be tax resident. Flowchart 1 summarises the principal parts of the test:

Fewer than 46 or fewer than 16 days test

From 2013/14 onwards, you must first check if an Arriver has been tax resident inany of the past three tax years (for 2019/20 the years to look at are 2016/17, 2017/18 and 2018/19).

If he has not been UK resident inany of those tax years, he is allowed to spend fewer than 46 days inthe UK inthe tax year and still remain automatically non-resident. If he was resident inany of the previous three tax years, the maximum permitted number of UK days inthe tax year reduces to 16. A ‘day spent inthe UK’ is counted when a person spends midnight inthe UK.

See Example 1 and Example 2.

The Arriver who fails the ‘fewer than 46 or 16 days tests’ can still achieve automatic non-residence, using the Sufficient Hours Overseas Test (see below).

Sufficient hours overseas test (SHOT)

The SHOT test

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