The UK Government has published a final draft of the proposed legislation on the statutory test of UK tax residence.
Our previous articles set out the details relating to the statutory definition of residence (and non residence) for UK tax purposes (see Resources below). A major consultation process was carried out over the course of 18 months and it is likely that the final draft will be enacted without further changes. The legislation is due to take effect from 6 April, 2013. In our article on this subject in July 2012, we asked "What may yet change?" as some aspects of the proposal were still under debate.
The Government's view then was that an individual would be automatically not resident for a tax year if they work full time abroad for a period which includes a UK tax year and they spend no more than 90 days in the UK in the tax year in question. Additionally, the number of UK days in the tax year that they work 3 hours or more must not exceed 20. Many felt that this 20-day limit was too low. The Government’s response has been to increase the limit for 20 days to 30 days. However, the "3 hours" condition remains.
At that time also, the Government was proposing that an individual should be regarded as working full-time in the UK if they were employed or self-employed over a continuous period of 9 months with no more than 25% of their work being performed overseas in that period. The continuous period has been extended from 9 months to 12 months.
The vast majority of, foreign nationals working in the UK and UK nationals working overseas whose residence status is clear cut under the current rules, are very unlikely to be affected.
The aim of the legislation is to bring clarity to those situations where residence status has been difficult to determine with any certainty. Whether this aim will be fully achieved remains to be seen.
Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.
Circular 230 disclosure
To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this article (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
If you would like to copy or otherwise reproduce this article then you may do so provided that: (1) any such copy or reproduction is for your own personal use or if it is made available to any third party it is done so on a free of charge basis; and (2) the article is reproduced in full together with the contact details, disclaimer and any logos as they appear on each article.