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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15917
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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All I have been working in Saudi Arabia tax year

Resolved Question:

Hi All
I have been working in Saudi Arabia for the tax year 15/16. I completed a P85 before i left.
I left the uk 11/04/15.
returned for a holiday 2/10/15 to 17-10/15 which i stayed in my house thats was officially handed over 22/08/15
I will be returning to the Uk for good 29/01/16
and starting work 01/03/16.
now i understand that i have been out of the country for more than 90 days and i would not have worked for more than 31 days in the tax year. the part I am confused about is will i be taxed on my overseas earnings because I have spent too long in my house in the UK.
Any advice will be much appreciated.
Submitted: 1 year ago.
Category: Tax
Customer: replied 1 year ago.
I have also not worked in the Uk this tax year so far
Expert:  TonyTax replied 1 year ago.
Hi. As you won't have completed the bare minimum required to be treated as non-UK resident which is a full tax year working or living abroad (the tax year runs from 6 April to 5 April) by the time of your return to the UK, you will be taxable in the UK on your Saudi earnings. To avoid UK tax you would need to stay non-UK resident until 6 April 2017. I hope this clarifies your position but let me know if you have any further questions.
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Customer: replied 1 year ago.
Hi Tonymy understanding is that IF i was to be working without a significant break of 31 days that is classed as fulltime working abroad?thank you for the quick response . So if i was to return to the UK with less than 31 days remaining in the tax year ( 6th march ) i would qualify for the 3rd automatic overseas test therefore exempting me from tax.am I correct ?
Expert:  TonyTax replied 1 year ago.
No, that's not right. You might refer to RDR3 here and the notes here and here. It's always been the case that you have to spend at least one full tax year living and working abroad to qualify as non-UK resident and to escape UK tax on your foreign earnings.

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