How many days in the UK to stay tax resident?

[elise2000]

Hi

Not convinced that Holidays & Travel is the right forum for this, but we'll see!

I have a home abroad and spend the majority of the year there. I return to the UK on an ad-hoc basis, and work while I'm there as well.

I want to stay UK tax resident for a number of reasons that I won't bore you with!

Is there a certain number of days I need to be in the UK in each tax year to acheive this? I looked into it a while ago, and I believe the number was around 45, but can't find that info again now. I have permanent access to a home in the UK whenever I return.

Thanks in advance

[Countdown]

https://www.gov.uk/tax-foreign-income/residence

Where’s your overseas home? Nobody at HMRC is going to stop you paying UK tax, it’s the other lot you need to convince;)

[leyorkie]

What about the rules in your holiday home territory? Eg if France over 6 months you "should" join the French system.

[Chris Stott]

If you’re a UK citizen, and have been a tax resident previously, it’s a lot more difficult to convince HMRC you’re no longer a UK tax resident than you are!

You’re much more at risk of falling foul of the tax residency rules of the country you’re spending more time in. Most of Europe has a 180 day limit. If you’re over that you’re considered a tax resident and in to double taxation issues.

[InformationSuperHighway]

Countdown said:

https://www.gov.uk/tax-foreign-income/residence

Where s your overseas home? Nobody at HMRC is going to stop you paying UK tax, it s the other lot you need to convince;)

This….

Bigger issue is stopping the other country coming after you.

Would also advise a proper tax accountant rather than us here

[elise2000]

Thanks for all the replies - lots to consider!

Yes, around 180 days is the rule for the other country (Croatia). Would prefer to pay all my tax there tbh, so just looking into options.

[Guyr]

elise2000 said:

Thanks for all the replies - lots to consider!

Yes, around 180 days is the rule for the other country (Croatia). Would prefer to pay all my tax there tbh, so just looking into options.

Unless you can make yourself non-UK resident, you'll then pay tax in both countries, but with the Tax Treaty meaning one will be credited against the other ie you in effect pay the higher rate (UK in this instance).

As said to get out of UK residence is complex and based on a number of 'tests', as follows:

[elise2000]

Guyr said:

elise2000 said:

Thanks for all the replies - lots to consider!

Yes, around 180 days is the rule for the other country (Croatia). Would prefer to pay all my tax there tbh, so just looking into options.

Unless you can make yourself non-UK resident, you'll then pay tax in both countries, but with the Tax Treaty meaning one will be credited against the other ie you in effect pay the higher rate (UK in this instance).

As said to get out of UK residence is complex and based on a number of 'tests', as follows:

Thanks, that’s perfect and very clear.

[rdjohn]

….and if you are getting really close, then it is nights that are counted.

If you need to keep a record, then it is where you were at midnight on any given day. On a flight, or a boat at sea, at midnight, then you are not in the U.K.

[eein]

As the uk does not have good records of who is in the country and when they leave (as well publicised in the press) then you can easily just say you were in the country longer than you were. You will get no arguments from the UK tax authorities and all their attention is looking for those claiming the opposite.

[elise2000]

eein said:

As the uk does not have good records of who is in the country and when they leave (as well publicised in the press) then you can easily just say you were in the country longer than you were. You will get no arguments from the UK tax authorities and all their attention is looking for those claiming the opposite.

I’m 100% sure you’re right but don’t want to chance it!

[Guyr]

elise2000 said:

I’m 100% sure you’re right but don’t want to chance it!

They don’t check the entire population or almost anyone. They assume you’re in the UK, to get the tax, unless you try and claim otherwise by submitting a form to do so and then they may check and require proof as they would lose tax.