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taxadvisor.uk
taxadvisor.uk, Chartered Certified Accountant
Category: Tax
Satisfied Customers: 4973
Experience:  FCCA - over 35 years experience as a qualified accountant (UK based Practitioner)
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I work in Dublin Monday to Friday. I am FTE and my salary

Resolved Question:

Hi, I work in Dublin Monday to Friday. I am FTE and my salary is PAYE UK Tax rates. Would I qualify as non resident as I have been in Dublin for the past 2 years and will be here for at least another 2 years. I earn 120K a year and I have a K tax number
Submitted: 1 year ago.
Category: Tax
Expert:  taxadvisor.uk replied 1 year ago.
Hello and welcome to the site. Thank you for your question.

Please advise if you have been out of the country for the past two years on a full time basis or do you come to the UK during the weekends or otherwise.
How many days do you spend in the UK?
Do you work for a UK employer?

Many thanks
Customer: replied 1 year ago.

Hi, I work for a UK employer, Temenos UK we are a Banking Software Vendor. I travel Monday Morning to Dublin and return Friday night. I have been doing this commute for the past 2 years and will continue for another 2 years. I spend on average 100 days a year in UK. With my job and travelling to Ireland and India for work and holidays this is the average number of days in UK

Expert:  taxadvisor.uk replied 1 year ago.
Thank you for your prompt reply.

Based on what you have stated it would appear you are neither
automatically non resident in the UK nor
automatically resident in the UK
as defined in the statutory residence test rules (RDR3) here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/427484/150506_RDR3_govuk_hyperlink__updated_078500.pdf


You have to see if you have sufficient UK ties to determine whether you are UK resident in a given tax year. There are 5 potential ties for this test and they are
- Having a spouse, civil partner or minor children resident in the UK.

-
Having accommodation in the UK that is made use of during the tax year. The definition of what counts as accommodation is quite detailed, but it generally does not include owning a property that is let out, short visits with relatives, and stays in hotel
- Doing substantive work in the UK. This is defined as working for 40 or more days during the tax year (a working day is as per previously defined

- Spending more than 90 days in the UK during either of the two previous tax years.

- Spending more time in the UK during the tax year than in any other single country.

I am providing you a link to an article that explains the about implications of sufficicient UK ties for residency test - see here

http://www.shipleys.com/resources/issue/statutory-residence-test


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.

Customer: replied 1 year ago.

Hi, I have a house and a wife. I expect that discounts me from non resident status?

Expert:  taxadvisor.uk replied 1 year ago.
Thank you for your reply.

You appear to have three ties in the UK
- your family
- accommodation
- spent more than 90 days

This would make you UK resident for tax purposes.

I hope this is helpful.
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