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TonyTax
TonyTax, Tax Consultant
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As a foreigner, how many days can I visit the UK without being

Resolved Question:

As a foreigner, how many days can I visit the UK without being liable for UK taxes?
Submitted: 1 year ago.
Category: Tax
Customer: replied 1 year ago.
I should add that I have spent approx 70 days in uk since April 6th 2015. My daughter is a full time student in the UK. I also owned a flat in London until November 2015. Will I be able to spend more than 90 days in a year in Uk without incurring tax liability?
Expert:  TonyTax replied 1 year ago.
Hi. It depends on a number of factors including the purpose of your visit, whether you work in the UK, whether you work abroad, defined UK ties as well as the number of days you spend in the UK in a tax year. If you look at RDR3 here, it goes into great detail about how to determine your UK residence status. However, there is an easier to follow summary here and the flowchart here. If you cannot determine your UK tax residence status by using the overseas and then the UK tests, you have to match the number of days with the number of ties to the UK you have. If you spend between 91 and 120 days in the UK in a tax year, you will be resident if you have 2 or more UK ties. I hope this helps but let me know if you know if you have any further questions.
Customer: replied 1 year ago.
From reading the flow chart, I gather that I must match the number of days to ties. If i spend in total less than 120 days, I do not work in the UK, I have a property there available for my use but is clearly not my main residence and I have a daughter at University. How does this impact in terms of ties? Basically I would like to know if I am able to spend more than 90 days but below 120 days in the UK without being classified as resident.
Expert:  TonyTax replied 1 year ago.
If you spend up to between 91 and 120 days in the UK in a tax year, you will be treated as tax resident in the UK if you have two ties to the UK. You appear to have an accommodation tie. If you have a spouse or partner or minor child tax resident in the UK, that's a tie. If you spent more than 90 days in the UK in either of the previous two tax years that's a tie. If you work in the UK for 40 days for 3 or more hours per day, that's a tie. If you have only one tie, then you should be fine to stay up to 120 days. You are allowed up to 3 UK ties if you spend between 46 and 90 days in the UK in a tax year without becoming UK tax resident.
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