Insights

Briefing note - UK Statutory Residence test

  • Written By: Cherry Reynard
  • Published: Fri, 05 Apr 2019 10:20 GMT

An individual’s residence status for UK tax is determined using the statutory residence test (SRT).

Terrace Houses 1115838026 Min72

The SRT flowchart overleaf is designed to assist individuals in determining their residence status. The legislation and guidance is lengthy and the flowchart and notes can only give a brief summary of the key points. In particular, the flowchart gives only an indication of residence and should not under any circumstances be relied upon to determine UK residence status.

In certain circumstances, the tax year can be split, with the individual being UK resident for part of the year and non-UK resident for the remainder. Detailed advice on split year treatment is essential, if relevant.

Determination of residence status is complex and monitoring of any change in circumstances is required on an ongoing basis. The definitions of these circumstances are listed on the right. Relevant changes in your circumstance that need to be considered as part of the SRT decision making (such as acquiring accommodation) should immediately be notified to your usual contact at Smith & Williamson if you would like us to monitor your residence status.

The SRT has only applied from the 2013/14 tax year onwards. Prior to this, UK tax residence status was determined on the basis of case law. HMRC provided guidance on an individual’s tax residence position, but there were no statutory rules. Please consult your usual contact at Smith & Williamson if you require guidance on your pre-2013/14 tax residence position.

DISCLAIMER
By necessity, this briefing can only provide a short overview and it is essential to seek professional advice before applying the contents of this article. No responsibility can be taken for any loss arising from action taken or refrained from on the basis of this publication. Details correct at time of publication.

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