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Posted Wed, 15 Nov 2023 14:04:23 GMT by PF340
I am considering a return to the UK towards the end of 2024 when I would hope to claim Case 4 treatment. I will have only one sufficient tie, the work tie, for the overseas part of tax year 24/25. Tax year 23/24 will be my fourth consecutive non-resident tax year. I want to check on the maximum number of days I can be present in the UK at midnight in the overseas part of the year 24/25?
Posted Fri, 17 Nov 2023 10:24:27 GMT by HMRC Admin 25
Hi PF340,
HMRC cannot comment on future events as plans and/or legislation can change.
Thank you. 
Posted Fri, 17 Nov 2023 11:51:44 GMT by PF340
Not a helpful answer - of course, the legislation can change. I'm interested in the circumstances I set out, and let's assume the legislation doesn't change. If it does change, I may or may not change my plans. How many days can I be in the UK in tax year 24/25 and claim Case 4 treatment, if I return in October, or November, or December 2024? Alternatively, let's assume it's all happening now. So, I have been non-resident the last four tax years. I intend to return to the UK between now and the end of the calendar year. I have already worked more than 40 days in the UK since the start of the tax year, but that is my only sufficient tie this year. If I return before the end of November, what is the maximum number of days I can have been in the UK this tax year, in order to validly claim Case 4 Split Year Treatment on return? And what is the number if I return in December instead? If you don't understand the question or know the answer, I'd be much obliged if you would refer it somebody who does. Original question - I am considering a return to the UK towards the end of 2024 when I would hope to claim Case 4 treatment. I will have only one sufficient tie, the work tie, for the overseas part of tax year 24/25. Tax year 23/24 will be my fourth consecutive non-resident tax year. I want to check on the maximum number of days I can be present in the UK at midnight in the overseas part of the year 24/25?
Posted Tue, 21 Nov 2023 13:03:40 GMT by HMRC Admin 32
Hi,

HMRC cannot determine your residence as this is for you to determine based on the guidance available. You may therefore wish to review guidance at:

RDR3 Statutory Residence Test

RDRM12000 - Residence: The SRT: Split year treatment

Thank you.

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