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taxadvisor.uk
taxadvisor.uk, Chartered Certified Accountant
Category: Tax
Satisfied Customers: 4803
Experience:  FCCA - over 35 years experience as a qualified accountant (UK based Practitioner)
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I started working and living in the Middle East with my family

Resolved Question:

I started working and living in the Middle East with my family in 2007 when I was considered by HMRC as being non resident for tax purposes. My family recently moved back to the UK (July 2014) but I have continued working overseas. Based on the current SRT rules as I understand them I have 2 ties, family and house, which means I can visit the UK for up to 90 days and continue to maintain my tax free status with regards ***** ***** tax. Is my interpretation correct?
Submitted: 1 year ago.
Category: Tax
Expert:  taxadvisor.uk replied 1 year ago.
Hello and welcome to the site. Thank you for your question.

Sufficient UK ties Test
Based on information provided, you can visit the UK for up to 90 days and continue to maintain your tax free status.

Your stay in the UK can be
- 91-120 days if you were not previously resident in the UK or
- 46-90 days if you were previously resident in the UK.

There is good artilce written by my accountancy body on this subject and I am providing you the link here.

http://www.accaglobal.com/ie/en/discover/cpd-articles/taxation/fa13-statutoryresidence.html


I hope this is helpful and answers your question.

If you have any other questions, please ask me before you rate my service – I’ll be happy to respond.

taxadvisor.uk, Chartered Certified Accountant
Category: Tax
Satisfied Customers: 4803
Experience: FCCA - over 35 years experience as a qualified accountant (UK based Practitioner)
taxadvisor.uk and other Tax Specialists are ready to help you
Customer: replied 1 year ago.

Hello and thank you for your prompt response.

Based on the information contained in the link provided, am I right in saying that if I meet one of the conditions under 'Automatically Not Resident in the UK' then the other two SRT tests are no longer relevant.

Kevin

Expert:  taxadvisor.uk replied 1 year ago.
Kevin, thank you for your reply.

I thank you for accepting my answer.

If you meet any of the automatic overseas test for a tax year, you are automatically non-resident for that year.

Confirmation of this can be found on page 9 of RDR3 here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/381705/rdr3_1_.pdf

I hope this is helpful.
Customer: replied 1 year ago.

I have had a look at the link and calculated that I comply with the 35 hour rule so automatically non-resident.

Thank you.

Expert:  taxadvisor.uk replied 1 year ago.
Thank you for additional information.
Best wishes

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