How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 9286
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

How many days may I spend in the UK in a tax year to avoid

Customer Question

How many days may I spend in the UK in a tax year to avoid being classed as a resident for tax purposes? I am a UK citizen, do not own or rent a house in the UK.
Assistant: Where are you? It matters because laws vary by location.
Customer: In the UK
Assistant: What steps have you taken so far?
Customer: I have avoided being in the UK for more than 3 months in a tax year. Nor own any property here.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Law
Expert:  Miles Bentley replied 4 months ago.

Hello,

I am qualified Solicitor with over 19 Years experience in the UK.

I need a little more information to assist you with your question.

Where is your main residence?

Thanks.

Customer: replied 4 months ago.
I dont have a residence. I dont own or rent a property. I spend time in the UK with my parents and travel around the world the rest of the time. No ownership of any residence.
Customer: replied 4 months ago.
Expert:  Miles Bentley replied 4 months ago.

Would you say you spend more than 182 days in the UK per tax year?

Customer: replied 4 months ago.
No
Customer: replied 4 months ago.
BUT my reading of the tax laws indicates that you have to spend less than an average of 89 days over a four year period to be regarded as a non-resident.
Customer: replied 4 months ago.
Thus it means that you would normally only be able to spend 89 days a year in the UK to avoid being a resident and thus subject to income tax. Is that correct?
Customer: replied 4 months ago.
Do I have to spend an average of less than 89 days a year, on a regular basis, in the UK to avoid being classed as a resident and subject to income tax?
Expert:  Miles Bentley replied 4 months ago.

Its not that simple unfortunately,

Customer: replied 4 months ago.
I have been a non-resident in the UK for the last 20 years having lived abroad.
Expert:  Miles Bentley replied 4 months ago.

where is you residence abroad currently?

Customer: replied 4 months ago.
I just travel abroad...I dont have a residence nor own any property.
Customer: replied 4 months ago.
I am currently travelling for 9 months in a tax year.
Expert:  Miles Bentley replied 4 months ago.

OK, can you answer the following:-

Were you considered as a UK resident in one or more of the previous three tax years, but you spend fewer than 16 days in the UK in the current tax year?

Did you spend fewer than 46 days in the UK in the tax year AND you were non-UK resident in the preceding three tax years?

Did you work full time outside the UK and spend fewer than 91 days in the UK and you work fewer than 31 days in the UK for three hours or less in any given day?

Customer: replied 4 months ago.
Are you still there Miles?
Customer: replied 4 months ago.
1 No
Customer: replied 4 months ago.
2 Yes
Customer: replied 4 months ago.
3 Yes
Customer: replied 4 months ago.
I have not been a UK resident for the last 20 years as shared.
Customer: replied 4 months ago.
I dont intend to work in the UK.
Customer: replied 4 months ago.
Nor own a property here.
Customer: replied 4 months ago.
My question is how many days in a tax year may I spend in the UK before being considered a resident? That is my question. I understand that it is 89 days or less. Above that and I would be resident for income tax purposes. Is that correct?
Expert:  Miles Bentley replied 4 months ago.

Based on the above you may be considered a non-UK resident, so your answer about days is contained is question 2 and 3 above.

Customer: replied 4 months ago.
Are you saying that I can spend 89 days a year in the UK to be regarded as a non-resident?
Expert:  Miles Bentley replied 4 months ago.

Fewer than 46 days in the UK in the tax year AND you were non-UK resident in the preceding three tax years

Customer: replied 4 months ago.
That is not my understanding Miles. My understanding is that I can spend 89 days a year on average in the UK and not be regarded as a resident.
Customer: replied 4 months ago.
I cannot be a resident in the UK by being on holiday here for 46 days in a year!
Customer: replied 4 months ago.
That does not make an sense. I dont own or rent any property in the UK and spend less than 89 days in a tax year.
Expert:  Miles Bentley replied 4 months ago.

AND you were non-UK resident in the preceding three tax year . . not just 46 days.

that is far too a simplistic way of looking at it

Customer: replied 4 months ago.
I have been a non-resident for the last 20 years as stated.
Expert:  Miles Bentley replied 4 months ago.

I have given you the answer to your question, but the rules are very complex and I would suggest that you seek a specialist tax advisor in any event.

Customer: replied 4 months ago.
Are you saying that if I spend six weeks in the summer after 20 years as a non-resident that I am a resident?
Customer: replied 4 months ago.
That does not make sense.
Customer: replied 4 months ago.
Not very helpful and you have confused me more than anything.
Expert:  Miles Bentley replied 4 months ago.

Well its what the rules say

Customer: replied 4 months ago.
You saying that if somebody comes to the UK for a six week holiday that they are deemed a resident?
Customer: replied 4 months ago.
Anyway. Not getting anywhere with this chat.
Expert:  Miles Bentley replied 4 months ago.

"Are you saying that if I spend six weeks in the summer after 20 years as a non-resident that I am a resident?"

46 days is over 6 weeks

Expert:  Jamie-Law replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

If you moved abroad, you could largely avoid UK taxes on your income, so long as you did not come back to the UK for 183 days or more in any one year, and did not spend an annual average of 91 days or more here, over four years.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 3 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.