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TonyTax
TonyTax, Tax Consultant
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I have been non resident overseas in Dubai all through tax

Resolved Question:

I have been non resident overseas in Dubai all through tax year 2014-15 and spent a total of 61 days in the UK.
So far to date 11 Sept in 2015-16 I have spent 22 days in the UK.
By the end of October that might be 35 days at which point I may return to the UK for good.
Should I stay out longer in this tax year to avoid paying tax on my 2015-16 earnings ?
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.
Hi.Can you tell me exactly how long you have been living and working outside the UK please. Would you also let me know the reason for your potential return to the UK, eg will you be starting a new job, retiring?
Customer: replied 1 year ago.
I have been in Dubai December 2013 until now. Prior to that I was resident in Dubai May 2003 until April 2012.
I am looking to come back and buy a business. I am 60 on 17/12.
Expert:  TonyTax replied 1 year ago.
Thanks.
Leave this with me while I draft my answer.
Expert:  TonyTax replied 1 year ago.
Hi again.
Take a look at RDR3 (link below) from page 59 (Case 4) and, in particular Table F on page 60. Assuming you return to the UK no later than 31 October 2015, you should have spent no more than 52 midnights in the UK between 6 April and the date of your return inclusive. Achieve that or preferably less and you should qualify for split year treatment and not have to pay UK on your foreign earnings.
RDR3 can be found here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/458559/RDR3_govuk_hyperlink__updated_078500.pdf
I hope this helps but let me know if you have any further questions.
Customer: replied 1 year ago.
I have maintained a home in Scotland and my wife goes back and fore ( not working ) and she has a UAE residency.
Youngest child is 20 and is at College. I have another property which is tented out and declared as UK income but doesn't get above the tax free allowance. Does this make any difference ?
Expert:  TonyTax replied 1 year ago.
None of that should cause a problem for you.
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15883
Experience: Inc Tax, CGT, Corp Tax, IHT, VAT.
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Customer: replied 1 year ago.
Great. Thanks for the help

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