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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15940
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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I'm starting full time work in Kuwait in June 2015. I will

Resolved Question:

I'm starting full time work in Kuwait in June 2015. I will have worked in the UK until the end of May. My house and family will remain in the UK. Do I fulfil the 'Split Year' criteria if I return to the UK in April 2016?
Submitted: 2 years ago.
Category: Tax
Expert:  TonyTax replied 2 years ago.
.

I'm afraid that you won't fulfil the split year criteria as you don't appear to be intending to spend a full tax year as a non-UK resident (6 April 2016 to 5 April 2017 assuming a departure from the UK in June 2015). A full tax year as a non-UK resident is the bare minimum that you need to achieve to avoid having to pay UK tax on your foreign source earnings. Take a look here basic information on split year treatment.

There is more information on the statutory residence test here and here.

I hope this helps but let me know if you have any further questions.
Customer: replied 2 years ago.

Thanks - I presume if I remain in Kuwait in 2016 full tax year, I will fulfil the Split Year criteria -2016?

PS I thought the £36 was 'one-off' question. Don't want to continue with the monthly plan. How can I prevent this from happening?

BW

Rob.

Expert:  TonyTax replied 2 years ago.
There are a number of factors that contribute to your tax residence status including the number of days you spend in the UK between the date you leave the UK and the following 5 April and the whole of the following tax year and the number of hours you work abroad, amongst others.

So long as you stay within the days in the UK limits and you work the required hours abroad, you should not have to pay UK on your non-UK source earnings provided you complete a full tax year as a non-UK resident. In a full tax year the number of days that you can spend in the UK should not exceed 90. In the tax year of departure from the UK, the number of days that you can spend in the UK between the date of your departure from the UK and the following 5 April is reduced. See Table E on page 53 of RDR3.

You will need to contact customer services at just answer to stop the monthly payment plan as I have no control over this.
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