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Official guidance
Residence and FIG Regime Manual

RFIG21500 · Statutory Residence Test (SRT): Temporary non-residence: Contents

  • RFIG21510 · Statutory Residence Test (SRT): Temporary non-residence: Introduction
  • RFIG21520 · Statutory Residence Test (SRT): Temporary non-residence: Meaning of residence and sole UK residence
  • RFIG21530 · Statutory Residence Test (SRT): Temporary non-residence: Treaty non-residence
  • RFIG21540 · Statutory Residence Test (SRT): Temporary non-residence: Start and end dates for period of temporary non-residence
  • RFIG21550 · Statutory Residence Test (SRT): Temporary non-residence: Meaning of year of departure and period of return
  • RFIG21560 · Statutory Residence Test (SRT): Temporary non-residence: Tax when returning to the UK after a period of temporary non-residence
  • RFIG21570 · Statutory Residence Test (SRT): Temporary non-residence: Transitional arrangements
  • RFIG21580 · Statutory Residence Test (SRT): Temporary non-residence: Pension income
  • RFIG21590 · Statutory Residence Test (SRT): Temporary non-residence: Remitted foreign income
  • RFIG21600 · Statutory Residence Test (SRT): Temporary non-residence: Distributions from closely controlled companies
  • RFIG21610 · Statutory Residence Test (SRT): Temporary non-residence: Loans to participators released or written off
  • RFIG21620 · Statutory Residence Test (SRT): Temporary non-residence: Chargeable event gains
  • RFIG21630 · Statutory Residence Test (SRT): Temporary non-residence: Capital gains and offshore income gains
  1. Statutory Residence Test (SRT): Temporary non-residence: Contents
  2. Statutory Residence Test (SRT): Temporary non-residence: Introduction

RFIG21510 | Statutory Residence Test (SRT): Temporary non-residence: Introduction

From HM Revenue & Customs · Residence and FIG Regime Manual

When an individual returns to the UK after a period of temporary non-residence, they may be charged to tax on certain income and gains they received, (or remitted to the UK), in that period of temporary non-residence.

An individual will be regarded as temporarily non-resident if:

  • following a residence period where they had sole UK residence, 1 or more residence periods occur for which they do not have sole UK residence

  • in 4 or more of the 7 years immediately preceding their year of departure they had either:

  • sole UK residence for the tax year

  • the year was a split year that included a residence period for which they had sole UK residence

  • their period of non-residence is a period of 5 years or less

For these special rules not to apply, the individual’s period of non-residence must exceed 5 years, that is, a minimum period of five years plus 1 day. For example, 4 May 2015 to 4 May 2020.

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