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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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British citizen, retired, lived outsed uk years, not

Customer Question

british citizen, retired, lived outsed uk for 40 years, not resident for all this period, considering to come back to uk., but try how it feels to live here fist.How many days can he stay in UK before being considerd as a resident not domiciled not to start paying tax in UK as well? (no property in UK yet, rent a vacation place)
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

As a general rule of thumb, you should not spend more than 182 days in the UK, if you do, you will automatically be deemed to be UK resident for tax purposes.

There are other factors as well which are used to determine your UK residency status for tax purposes, see here for these:

https://www.gov.uk/tax-foreign-income/residence
Customer: replied 2 years ago.

we were confused with 46 days on gov.uk, this is why we asked on the fist place for diferent residency posibilities in UK, which we never used.

We are resident and pay tax in France.And we thought we can stay here 182 days

in our case, the question was to find out how not to become resident not domiciled (implications of feeling another tax paper) before we know for sure that we are doing the right thing

Expert:  UKSolicitorJA replied 2 years ago.
If you have not been UK resident for the last 3 years, you may spend up to 46 days without becoming tax resident.
However, you may spend up to 182 days in the UK without being tax resident as well provided your main home is still in France and you have no home in the UK but are staying say in temporary accommodation such as a hotel or relatives house.
I suggest that you use this online tool to work out your residency status
http://tools.hmrc.gov.uk/rift/screen/SRT+-+Combined/en-GB/summary?user=guest
All the best
Customer: replied 2 years ago.

We are renting a place for 1 year, coud not get any less period without having a history of rent or residensy. Still having a residency (house) in France, where we are spending most of the time. Worried about becoming residents not domiciled for organisation reasons, Renting for 1 year, does it consider as temporary?

Can one of us , not British (EU) stay in UK for up till 182 days without paying tax in England?

We pay tax in France.

Thank you very much for your answer,

Expert:  UKSolicitorJA replied 2 years ago.
Residing (and renting) in the UK for one year will be automatic residency in the UK for tax purposes.

Yes, one of you may stay in the UK for 182 days and not be deemed to be resident for tax purposes.

All the best-please leave feedback
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.

sorry to distubed you again, but if the british stay in the house less then 46 day in the financial year, will he still be a resident or he has to pay only a council tax? we are trying to sell property outside uk etc..

we are all confused

Expert:  UKSolicitorJA replied 2 years ago.
Council tax is payable by an occupier of a property whether or not the person is a resident.
If the British citizen is in the UK for less than 46 days and has not been UK resident in the last 3 years, he does not become a UK resident.