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TonyTax
TonyTax, Tax Consultant
Category: Tax
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Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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does having a Non executive directorship on a UK company impact

Resolved Question:

does having a Non executive directorship on a UK company impact my UK non-residence status if i am a resident in Switzerland and travel back to the UK for board meetings?
Submitted: 2 years ago.
Category: Tax
Expert:  TonyTax replied 2 years ago.
Hi.

Can you tell me a little more about your situastion please. Are you paid a fee for your work as a nonp-executive director of the UK company? How many days do you spend in the UK in a tax year? How long have you been non-UK resident? Do you have other business interests or employment in Switzerland?
Customer: replied 2 years ago.
I am planning on moving to Switzerland on a Forfeit basis. I have a NED position which I am paid for. I don't want to give up the role unless it could impact my status. I will not be spending more than 90 days a year in the UK
Thanks
Andrew
Expert:  TonyTax replied 2 years ago.
Thanks.

From a tax point of view, there is really little difference between the treatment of executive and non-executive directors and HMRC look very closely at the arrangements for payment of fees. There is more information on that here.

The fact that you wish to continue in your role once you have moved to Switzerland should not jeopardise a claim to non-UK residence so long as you spend less than 91 days in the UK in a tax year.

Take a look here for a brief summary of the statutory residence test which has been in force since 6 April 2013. The guide sets out the criteria under which an individual is treated as non-UK resident for tax purposes or UK resident for tax purposes. The official HMRC guide is here.

I hope this helps but let me know if you have any further questions.
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