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Posted Tue, 16 Apr 2024 21:02:42 GMT by Kinnar Patel
Hi Admin, I have an offer for a role in Saudi Arabia. But I cant start from 15th July and move to Saudi working full time (45 hrs per week) on a project. I will not be working with UK employer during the remaining tax period. I will be working with current employer till end of June. When I move aborad my family (my wife and kids) will stay in the UK. I have below queries. 1. Can split tax year will be applicable to me? 2. If 91 days rule will be applied to me? 3. If Family stays in the UK then can I come and visit them? 4. If I go on holiday between now and Mid-July,this days will be deducted from 91 days rule?# 5. For any reason or family circumstances, I have to come back then do I need to pay full tax?
Posted Tue, 23 Apr 2024 13:23:05 GMT by HMRC Admin 8 Response
Hi,
You will need to review the guidance on statutory residence and tax the statutory residence tests, to determine whether you will be UK tax resident for the full tax year or not.  
From there you can review whether split year treatment applies.  
This guidance will also help you work out how many days you can spend in the UK and not be classes as tax resident.  
The number of days will depend on your personal circumstances.  
The days outside the UK on holiday will count towards the number of days in the UK:
RDR3 Statutory Residence Test
Thank you.
Posted Tue, 23 Apr 2024 19:33:26 GMT by Kinnar Patel
There is a correction in above. If you can guide. Below will be the scenario for me. 1. Currently,I am working with UK employer till 30-June-2024. And with them working on a Project in Dublin, Ireland. I will be working 3 days per week in Dublin up to 30-Jun-24. And I stay 2 nights in Dublin Ireland per week. I am paid in the UK bank account in GBP.And will be paying the tax in the UK till 30-June-2024. 2. With my current project in Dublin, Ireland. - I will spend 33 days working in Dublin, Ireland. 20 Days working from home in London. And I will be going to India for 9 nights and 10 days for a holiday in May. 3. Based on 1 and 2, I will be spending approx. 67 nights in London, UK if I leave on 13th July, 24. 4. from 13th Kuly, 2024 onwards I will be working full time in KSA minimum 45 hours per week. 5. Family will stay in the UK. (Wife and 2 Kids). Based on above scenario can you please let me know if I can be considered as Non-UK Tax resident.As I will be spending less than 90 days in the UK. And worked 20 days in the UK. Also, minimum how many tax years I have to work abroad to qualify for non-UK Tax resident. I appreciate your help.
Posted Sun, 28 Apr 2024 16:32:38 GMT by Kinnar Patel
Alos, I looked at the RDRM11150 - I have worked out nos of hours worked abroad and followed the Step 1 to 5. And number I am getting is 42. I have not included Holiday hours and day I have not worked. Will I be eligible for this tax year exemption? I can provide the calculation.
Posted Sun, 28 Apr 2024 16:35:28 GMT by Kinnar Patel
I have been talking to professionals and suggested me to go through RDRM-11150 Guidance and the SRT. I have followed STep 1 to 5. And worked out the number at end of Step 5. I am getting 42. I have excluded all the annual leave from the total hours. Based on 42 will I be considered as Overseas worker for this tax year?
Posted Tue, 30 Apr 2024 13:59:41 GMT by HMRC Admin 19 Response
Hi,

We cannot confirm an individuals residence position as this is something you will need to work out for yourself after looking at the guidance:

RDR3 Statutory Residence Test

If you wish to have someone work this out for you, you will need to seek the advice of a professional, such as an accountant.  

Thank you
Posted Tue, 30 Apr 2024 21:06:33 GMT by Kinnar Patel
Thank you for response. I am seeking the professional advice from the accountant. I wnated some general guidance as Dublin, Ireland will consider as Offshore or not.
Posted Thu, 02 May 2024 14:04:48 GMT by HMRC Admin 19 Response
Hi,

We are only able to provide general information in this forum and on our helpline and webchat facility. Your question is seeking a definitive answer, which you will only be able to obtain from a financial adviser such as an accountant.

Thank you.
Posted Thu, 09 May 2024 07:32:38 GMT by HMRC Admin 25 Response
Hi Kinnar Patel,
It is not classed as UK.
Thank you. 

 

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