Skip to main content

This is a new service – your feedback will help us to improve it.

Posted Mon, 18 Dec 2023 11:55:14 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’ll be flying out on 5 Feb 2024 for some holiday. I’ve been a UK tax resident up till 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 3 questions: - Q1: Based on the information provided (above and below), do I meet the criteria for split year treatment in 2023-24 under Case 1? - Q2: If so, is the year split with the UK part 6 Apr 2023 – 25 Feb 2024, and the overseas part 26 Feb – 5 Apr 24? - Q3: What do I need to submit and when, to notify HMRC of the split year treatment? Part 1 – Case 1 criteria - be UK resident for the tax year in question – Yes (2023-24) - be UK resident for the previous tax year (whether or not this was also a split year) – Yes (2022-23) - be non-UK resident in the following tax year, because they meet the third automatic overseas test (refer to RDRM11140) – Yes (2024-25) - satisfy the overseas work criteria during a relevant period: o Work full-time overseas during a relevant period – Yes, see “Part 2” below o Have no significant break from overseas work during that period – Yes, there is no break in employment during the relevant period o Do not work for more than 3 hours in the UK on more than the permitted limit of days during that period – Yes, see “Part 3” below o Spend no more than the permitted limit of days in the UK during that period – Yes, see “Part 3” below References for Part 1: RDRM12040 - Residence: The SRT: Split year treatment: Case 1 Starting full-time work overseas RDRM12060 - Residence: The SRT: Split year treatment: Case 1: Overseas work criteria Part 2 – Sufficient hours overseas Relevant period: 40 days (26 Feb – 5 Apr 2024) Step 1: 0 UK days worked Step 2: 24 overseas days worked (26 Feb – 28 Mar 2024), 8 hours per day, so 192 hours Step 3: 4 non-working days (holiday from 2 – 5 Apr 2024), so reference period is 40 – 4 = 36 Step 4: 36 / 7 = 5 (rounded down) Step 5: 192 / 5 = 38 (rounded down). More than 35, so the sufficient hours overseas test is met References for Part 2: RDRM11150 - Residence: The SRT: Is the work full-time overseas RDRM12080 - Residence: The SRT: Split year treatment Part 3 – UK days within relevant period 1-29 Feb: X = 0 for 0 UK days worked (max = 5), Y = 8 from 29 Mar – 5 Apr 2024 (max = 15). So References for Part 3: RDRM12070 - Residence: The SRT: Split year treatment
Posted Thu, 21 Dec 2023 16:09:32 GMT by HMRC Admin 25 Response
Hi csy1989,
HMRC cannot advise you on your residence as this is for you to determine based on the guidance available.
Please refer to:
RDRM12000 - Residence: The SRT: Split year treatment: Contents
If you qualify for split year then you only report any foreign income for the UK part of the year:
RDRM12000 - Residence: The SRT: Split year treatment: Contents
If you do not qualify then you will need to report all your foreign income to the UK:
Tax on foreign income
The guidance at RDRM12150 at www.gov.uk will help you work out if split year treatment applies. 
Thank you. 


 

 

You must be signed in to post in this forum.