Subject to Royal Assent, which is due to be received in July 2013, the UK’s rules on tax residence will be outlined in Finance Act 2013.
This will hopefully deliver a long overdue degree of certainty to the rules on when an individual is or is not resident in the UK for tax purposes.
The new rules for achieving non-resident status will be based on a series of tests, largely based on the old rules, but the running order of these can be seen as somewhat advantageous to individuals who are looking to achieve non-resident status.
The first tests to consider are the automatic non-resident tests, and if one of these is met, non-residence is established. For example, if an individual leaves the UK to take up full time employment abroad and is in the UK for less than 91 days in the tax year (with less than 31 of these spent working), they will have achieved non-resident status with no need to examine other factors.
If none of the automatic non-resident tests are met, the taxpayer will have to look to the automatic residence tests, and if one of these are met then residence is established. These include being in the UK for more than 183 days, having all of your homes in the UK or working full time in the UK.
If none of the automatic tests for residence or non-residence are met, the number of days a taxpayer can spend in the UK without being resident here will be determined by a range of factors such as the residence of their family, their residence in recent tax years and the availability of UK accommodation.
Achieving non-residence can be a hugely efficient measure for tax purposes and if the rules are applied correctly, can result in significant tax savings, particularly on foreign income.