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Posted Fri, 28 Jun 2024 16:02:35 GMT by SHAEHMRC
Could you please clarify by how many days I can reduce my reference period for calculating overseas hours worked for 2023/24? I took 25 days annual leave in addition to having 11 days off work for obligatory public holidays. The guidance indicates ‘reasonable’ amounts of annual leave may reduce the reference period. I work full time in Saudi Arabia where the minimum statutory annual leave is 21 days (exclusive of public holidays) but my work contract allows 26 + the public holidays, Under the circumstances above, what would be regarded as reasonable to reduce the reference period?
Posted Wed, 03 Jul 2024 11:40:01 GMT by HMRC Admin 20 Response
Hi,
HMRC cannot advise you on residency matters as this is for you to determine based on guidance available.
Please refer to  RDR3: Statutory Residence Test (SRT) notes
Thank you.
Posted Mon, 05 Aug 2024 12:49:39 GMT by SHAEHMRC
Hi Many thanks for directing me to the guidance. Unfortunately, I am unable to determine my reference period as it appears to be a subjective assessment (‘reasonable’ being open to a variety of interpretations in the context described in the original post). I have sought professional advice (3x) and they give me exactly the same response - what is regarded as ‘reasonable’ may differ from one person to the next. I am therefore at a loss on how I proceed if HMRC is unable to offer clarity.
Posted Thu, 06 Feb 2025 19:36:52 GMT by Rich Harley
Did you ever find out an answer to this? I am also unclear as to whether the 35 hours average rule applies across the WHOLE year e.g. 1820 hours minimum, or can be reduced by periods of holiday.

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