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Posted Mon, 01 Jan 2024 11:39:03 GMT by csy1989
Hello – my situation is as follows. I’ll be taking up a full-time role overseas (with a non-UK company) with a contract start date of 26 Feb 2024. I’ve been a UK tax resident up until now, my spouse will remain in the UK for now, and I’ll keep my owned home in the UK for now which my wife will occupy. I have 2 questions: - Would I be considered non-UK tax resident for 24/25, given I would meet the third AOT? - Under the ties test (further down the flowchart), is it 15 days or 45 days I'm allowed to spend in the UK per tax year before I'd be considered a UK resident? I have 3 ties plus a country tie.
Posted Tue, 09 Jan 2024 15:34:57 GMT by HMRC Admin 5 Response
Hi 

HMRC are unable to comment on your residence status as this is for you to determine based on the guidance available.

Thank you
Posted Tue, 09 Jan 2024 16:02:29 GMT by csy1989
I would like to follow-up with a related topic. My situation is as follows. I took up a full-time role overseas (with a non-UK company) with a contract start date of 26 Feb 2022. I’d been a UK tax resident up until then, my spouse remained in the UK, and I kept my owned home in the UK which my wife occupies. I have 2 questions: - Am I considered non-UK tax resident for 22/23, given I meet the third AOT? - I spent 45 days in the UK during the tax year 22/23. Would I be considered a UK resident for that tax year? I have 3 ties plus a country tie.
Posted Tue, 16 Jan 2024 09:41:11 GMT by HMRC Admin 19 Response
Hi,

HMRC cannot comment on your residence as this is for you to determine based on the guidance available. You can see the guidance below to clarify:

RDR3 Statutory Residence Test

RDRM12000 - Residence: The SRT: Split year treatment

Thank you.

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