RDR3: Statutory Residence Test (SRT) notes (2024)

RDR3: Statutory Residence Test (SRT) notes (1)

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1. Statutory Residence Test (SRT)

The SRT came into effect on 6 April 2013. For information about the full test, read RDRM11000 onwards.

The test allows you to work out your residence status for a tax year. Each tax year is looked at separately, so you may be resident in the UK in one year but not the next, or vice versa.

The SRT takes into account:

  • the amount of time you spend and, where relevant, work in the UK
  • the connections you have with the UK

It is split into the following parts:

  • automatic overseas tests
  • automatic UK tests
  • sufficient ties test
  • application of the SRT to deceased persons
  • split years

If you’ve been in the UK for 183 or more days you’ll be a UK resident. There is no need to consider any other tests.

You’ll be resident in the UK for a tax year and at all times in that tax year if:

  • you do not meet any of the automatic overseas tests
  • you meet one of the automatic UK tests or the sufficient ties test

Take the following steps to find out your residence status under the SRT:

  1. if you’ve been in the UK for less than 183 days in the tax year go to step 2
  2. if you meet any of the automatic overseas tests you will not be resident in the UK for that tax year. If you do not meet any of these tests go to step 3
  3. if you meet any of the automatic UK tests or the sufficient ties test, you will be UK resident for that tax year. If you do not meet any of these tests you will not be UK resident for that tax year

Your UK day count may be reduced to take into account days spent in the UK due to exceptional circ*mstances. Read Residence, Domicile and Remittance Basis Manual (RDRM) 13200 onwards for full details. Your day count may also be increased due to the deeming rule. Read Residence, Domicile and Remittance basis Manual (RDRM) 11720 onwards for details.

You’ll not be considered resident in the UK for the whole tax year if you do not meet any of the following:

  • the automatic overseas tests
  • the automatic UK tests
  • the sufficient ties test

2. Automatic overseas tests

There are 3 tests to consider.

2.1 First automatic overseas test

You’ll be non-UK resident for the tax year if you were resident in the UK for one or more of the 3 tax years before the current tax year, and you spend fewer than 16 days in the UK in the tax year.

2.2 Second automatic overseas test

You’ll be non-UK resident for the tax year if you were resident in the UK for none of the 3 tax years before the current tax year, and spend fewer than 46 days in the UK in the tax year.

2.3 Third automatic overseas test

You’ll be non-UK resident for the tax year if you work full-time overseas over the tax year and:

  • you spend fewer than 91 days in the UK in the tax year
  • the number of days on which you work for more than 3 hours in the UK is less than 31
  • there is no significant break from your overseas work

A significant break is when at least 31 days go by and not one of those days is a day where you:

  • work for more than 3 hours overseas
  • would have worked for more than 3 hours overseas, but you did not do so because you were on annual leave, sick leave or parenting leave

If you have a significant break from overseas work you’ll not qualify for full-time work overseas.

The test:

  • can apply to both employees and the self-employed
  • does not apply to voluntary workers or workers with a job on board a vehicle, aircraft or ship

Read RDRM11100 onwards for full details on the conditions of these tests.

3. Automatic UK tests

There are 3 tests to consider.

3.1 First automatic UK test

You’ll be UK resident for the tax year if you spend 183 days or more in the UK in the tax year.

3.2 Second automatic UK test

You’ll be UK resident for the tax year if you have, or have had, a home in the UK for all or part of the year and the following all apply:

  • there is or was at least one period of 91 consecutive days when you had a home in the UK
  • at least 30 of these 91 days fall in the tax year when you have a home in the UK and you’ve been present in that home for at least 30 days at any time during the year
  • at that time you had no overseas home, or if you had an overseas home, you were present in it for fewer than 30 days in the tax year

If you have more than one home in the UK you should consider each of those homes separately to see if you meet the test. You need only meet this test in relation to one of your UK homes.

3.3 Third automatic UK test

You’ll be UK resident for the tax year if all the following apply:

  • you work full-time in the UK for any period of 365 days, which falls in the tax year
  • more than 75% of the total number of days in the 365 day period when you do more than 3 hours work are days when you do more than 3 hours work in the UK
  • at least one day which has to be both in the 365 day period and the tax year is a day on which you do more than 3 hours work in the UK

For full details see RDRM11300 onwards.

4. Sufficient ties test

Use the sufficient ties test to work out your UK residence status for the tax year if you do not meet either any of the:

  • automatic overseas tests
  • automatic UK tests

You’ll need to consider your connections to the UK, known as ‘ties’, to work out if your ties, taken together with the number of days you spend in the UK, will make you resident in the UK for that particular tax year.

If you were not UK resident in any of the 3 tax years before the one you are considering, you’ll need to check if you have any of the following:

  • a family tie
  • an accommodation tie
  • a work tie
  • a 90 day tie

If you were resident in the UK in one or more of the 3 tax years before the one you are considering, you’ll also have to check whether you have a country tie.

Each of the ties has its own set of conditions or qualifying criteria attached to them. Read RDRM11500 onwards for full details.

The more UK ties you have, the fewer days you can spend here before you become UK resident. The following tables show this.

Table A: UK ties needed if you were UK resident for one or more of the 3 tax years before the tax year under consideration

Days spent in the UK in the tax year under consideration UK ties needed
16 - 45 At least 4
46 - 90 At least 3
91 - 120 At least 2
Over 120 At least 1

Table B: UK ties needed if you were UK resident in none of the 3 tax years before the tax year under consideration

Days spent in the UK in the tax year under consideration UK ties needed
46 - 90 All 4
91 - 120 At least 3
Over 120 At least 2

5. Application of the SRT to deceased persons

The first automatic overseas test cannot apply to a deceased person, but the other automatic overseas tests can apply.

There are 2 further automatic overseas test that only apply to deceased persons. They are the:

  • fourth automatic overseas test
  • fifth automatic overseas tests

Each has a set of conditions that must be met for that test to apply.

All the automatic UK tests can apply to a deceased person. There is also one further automatic UK test – the fourth test. This applies only to a deceased person. This test has its own set of conditions which must be met for that test to apply.

The UK ties test may need to be considered in respect of a deceased person. For a deceased person who has been resident for one or more of the previous 3 tax years, the number of days shown in ‘Table A’ must be reduced proportionately.

For a deceased person who was not resident in any of the 3 previous tax years, the number of days shown in ‘Table B’ must also be reduced proportionately.

For full details see RDRM11900 onwards.

6. Split years

You’ll be resident in the UK for the whole of a tax year, but that year may be split into a UK and an overseas part.

If, in a year in which you are UK resident, there is an actual or deemed departure from the UK, then you will need to consider whether any of the split year cases 1-3 apply.

If, in a year in which you are UK resident, there is an actual or deemed arrival in the UK then you will need to consider whether any of the split year cases 4-8 apply.

You must consider all cases of split year that might apply to you. Each has its own set of conditions, and you need to meet all those conditions for the case to apply. If more than one case applies to you the priority ordering rules show which case of split year will apply and what date the year will be split from. Read RDRM12000 onwards for full details.

RDR3: Statutory Residence Test (SRT) notes (2024)

FAQs

What counts as a home for statutory residence test? ›

For example, a home includes a building, part of a building, a vehicle, vessel or structure of any kind whether or not the individual holds any estate or interest in it. However, a holiday home or temporary retreat is not a home for this purpose.

What is the family tie for the statutory residence test? ›

Family Tie

Applies if spouse, civil partner, cohabiting partner or minor child is UK resident. Exemption for minor children who are UK resident only because they are in full-time education and who spend limited amounts of time in the UK outside of term time.

Do you meet the third automatic overseas test? ›

Third automatic overseas test: You will not be considered a UK resident if you have worked full-time overseas during the tax year. You must have spent less than 91 days in the UK during the year, worked in the UK for fewer than 31 days, and have no significant breaks in overseas work.

What is a sufficient ties test leaver? ›

Sufficient ties test

Leavers - defined as individuals resident in one or more of the three previous tax years.

What is the SRT definition of a home? ›

A home can be any building or part of a building, such as a vehicle, vessel or structure of any kind, but the legislation specifically excludes a holiday home or temporary retreat (or anything similar)1.

What makes something my primary residence? ›

Your primary residence (also known as a principal residence) is your home. Whether it's a house, condo or townhome, if you take up occupancy there for the majority of the year and can prove it, it's your primary residence, and it could qualify for a lower mortgage rate.

What are sufficient ties? ›

The Sufficient Ties Test essentially looks at whether you have ties which would deem you to be a resident in the UK. Ties would include: Family members in the UK (for example a spouse or children) Accommodation, that is a place to stay which is available to you for a continuous period of 91 days (thus excluding hotels)

Who qualifies for the bona fide residence test? ›

You meet the bona fide residence test if you are a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year. If you are a calendar year taxpayer, an entire tax year is from January 1st through December 31st.

Who is considered part of a residence family? ›

Resident family means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who meets the following criteria: (1) has resided in the receiving state for 180 days or longer as of the date of the transfer request; and (2) indicates willingness and ability to assist the ...

What is the third automatic test? ›

The third automatic overseas test stipulates: You'll be non-UK resident for the tax year if you work full-time overseas over the tax year and: *you spend fewer than 91 days in the UK in the tax year *the number of days on which you work for more than 3 hours in the UK is less than 31 there is no significant break from ...

What is the family tie for the UK statutory residence test? ›

The individual will have a family tie for the tax year under consideration if any of the following people are UK resident in their own right, for tax purposes for that year: their husband, wife or civil partner (unless they are separated)

What is a 90 day tie? ›

90 day tie – the individual has been present in the UK for more than 90 days in either of the previous two tax years. Country tie – the individual is present in the UK at midnight in the tax year as much as (or more than) they are present in any other single country.

What is the difference between a SRT and SRT? ›

SRT® stands for Street and Racing Technology while RT stands for Road and Track, and they indicate trim levels of popular Dodge models.

What makes an SRT and SRT? ›

So what do these terms mean? SRT stands for Street and Racing Technology, while R/T stands for Road and Track. They indicate trim levels of certain Dodge vehicles, such as the Challenger, Charger, and Durango.

Why is it called SRT? ›

Fiat Chrysler Automobiles originated the SRT division while conceptualizing the Dodge Viper. SRT stands for "Street and Racing Technology," and this division implemented innovative performance-driven technology across the Dodge, Jeep, and Chrysler lineups.

What is the 2 out of 5 year rule? ›

The 2-out-of-five-year rule states that you must have both owned and lived in your home for a minimum of two out of the last five years before the date of sale. However, these two years don't have to be consecutive, and you don't have to live there on the date of the sale.

Can you have two primary residences? ›

For tax purposes, you'll have to designate one of the homes as your primary residence, even if it's an arbitrary choice. Typically, you cannot finance both homes as primary residences simultaneously.

Can husband and wife have separate primary residences? ›

It comes as a surprise to many that under California law, married couples have the right to opt for separate residency status. And this arrangement can lead to large tax savings for high-income marriages.

How do you prove strong ties? ›

Some types of evidence include:
  1. Property deeds.
  2. The contract signed when you purchased your home.
  3. Mortgage payment or property tax receipts.
  4. Homeowners insurance in your name.
  5. Bank statements showing large sums.
  6. Investment papers.

What are examples of strong ties? ›

Examples of strong ties:
  • Job/Career. Letter from your employer stating duties, salary and tenure duration. ...
  • College Enrollment. Student ID Card.
  • Business You Own. Bank Statements Showing Revenue. ...
  • Spouse & Kids. Birth Certificates. ...
  • Other Dependents. Affidavits. ...
  • Volunteer Work & Organization Memberships. ...
  • Assets.

What is the 183 day rule for taxes? ›

Understanding the 183-Day Rule

Generally, this means that if you spent 183 days or more in the country during a given year, you are considered a tax resident for that year. Each nation subject to the 183-day rule has its own criteria for considering someone a tax resident.

What are examples of bona fide resident? ›

To satisfy the bona fide residence test, you must (a) be a US citizen or US resident who is also a citizen or national of another country with which the United States has a tax treaty, (b) have residence in a foreign country, and (c) reside in the foreign country for an uninterrupted period that includes an entire tax ...

Which is better bona fide residence or Physical Presence Test? ›

The main difference between the two tests is that the Physical Presence Test relies on the time spent out of the U.S. while the Bona Fide Residence Test looks more into your intentions and activities while out of the country.

Is the bona fide residence test retroactive? ›

To be clear, you still need to be a bona fide resident of a foreign country for an uninterrupted period that includes an entire tax year, but once you've met that benchmark, the exclusion can be retroactively applied, and prorated, back to your first day of bona fide residence.

Who are the people of residence? ›

The residents of a house or area are the people who live there.

What does resident with family mean? ›

Resident Family – means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who. has resided in the receiving state for 180 calendar days or longer as of the date of the transfer request; and.

What is a resident mother? ›

Resident parent means the parent with whom the child usually resides. A parent who owes a current, ongoing child support obligation for that child is not a resident parent. Sample 1Sample 2. Resident parent means the parent with whom the child usually resides.

What is a residency test? ›

The “Green Card” Test You are a 'resident for tax purposes' if you were a legal permanent resident of the United States any time during the past calendar year. OR. The Substantial Presence Test. You will be considered a 'resident for tax purposes' if you meet the Substantial Presence Test for the previous calendar year ...

What is split year treatment? ›

Your residence status when you move

This means you only pay UK tax on foreign income based on the time you were living here. This is called 'split-year treatment'. You will not get split-year treatment if you live abroad for less than a full tax year before returning to the UK. You also need to meet other conditions.

What is a significant break from overseas work? ›

Significant breaks from overseas work

You will have a significant break from your overseas work if at least 31 days go by and not one of those days is a day on which you work for more than three hours overseas, or would have worked for more than three hours, but do not do so because you are on leave.

What is the definition of work for SRT? ›

Definition of 'work' for the SRT

A voluntary post for which there is no contract of service is specifically excluded from being an employment for this purpose2. Work includes3: (a) travelling time actually spent working (this includes time worked when commuting to a permanent workplace)

What ties do you have to your country of residence? ›

"Ties" to your home country are the things that bind you to your current place of residence (examples include: job, family, financial prospects that you own or will inherit, investments, etc.).

Can I move to England if I have family there? ›

Your family member usually needs to get an EU Settlement Scheme family permit to come to the UK. They don't need a permit if they already have a valid family, work or student visa. They need to be outside the UK to apply for the permit. It's free to apply for the permit.

What is the 183 day rule in the UK? ›

If you spend 183 days or more in the UK in a tax year you will be resident in the UK for that year in almost all cases. People are normally considered to have spent a particular day in the UK if they are in the UK at midnight at the end of that day.

How many days can I spend in the UK with 3 ties? ›

Days spent in the UK in the tax year under considerationUK ties needed
46 - 90All 4
91 - 120At least 3
Over 120At least 2
Jan 22, 2020

How many days can I spend in UK with 2 ties? ›

If you have three ties to the UK, spending 46 to 90 days inclusive in the UK will make you resident. If you have two ties to the UK, spending 91 to 120 days inclusive in the UK will make you resident. If you have one tie to the UK, spending more than 120 days in the UK will make you resident.

How do you determine residential? ›

(A person of Indian origin is one in whose case either of his parents or any of his grandparents, was born in undivided India). Thus, the residential status of an individual generally depends on his physical presence or period of stay in India and not on his nationality or domicile.

What is the definition of a home in the UK for tax purposes? ›

A home can be a building, or part of a building, a vehicle, vessel or structure of any kind which is used as a home by an individual. It will be somewhere which an individual uses with a sufficient degree of permanence or stability to count as a home. Example 1. Jim lives in a mobile home with his wife.

How many days can I spend in the UK with 2 ties? ›

If you have three ties to the UK, spending 46 to 90 days inclusive in the UK will make you resident. If you have two ties to the UK, spending 91 to 120 days inclusive in the UK will make you resident. If you have one tie to the UK, spending more than 120 days in the UK will make you resident.

What is a residential property example? ›

Residential real estate: Any property used for residential purposes. Examples include single-family homes, condos, cooperatives, duplexes, townhouses, and multifamily residences.

What includes residential? ›

Individual houses or private dwellings. Lodging or rooming houses. Dormitories. Apartments.

What does property residential mean? ›

Residential Property: Real estate used exclusively for residential purposes with at least one and no more than four Dwelling Units and which cannot be classified as Condominium Property.

What is the difference between residence and domicile? ›

What's the Difference between Residency and Domicile? Residency is where one chooses to live. Domicile is more permanent and is essentially somebody's home base. Once you move into a home and take steps to establish your domicile in one state, that state becomes your tax home.

What is the legal definition of a home? ›

Legally, a home is a person's permanent primary residence—even if they aren't currently living there. A physical location is still legally considered a home if there is an intention to return and the resident has not claimed someplace else as their legal place of permanent or principal residence.

What does SRT mean in safety? ›

Special Response Team (SRT) | Central Washington University.

What does SRT stand for healthcare? ›

Stereotactic radiotherapy (SRT) gives radiotherapy from many different angles around the body. The beams meet at the tumour. This means the tumour receives a high dose of radiation and the tissues around it receive a much lower dose. This lowers the risk of side effects.

What is the full form of SRT in meeting? ›

The Situation Reaction Test (SRT) is a component of the psychological examination that is administered during the SSB Interview on its second day.

How much time can a US citizen spend in the UK? ›

You can visit the UK as a Standard Visitor for tourism, business, study (courses up to 6 months) and other permitted activities. You can usually stay in the UK for up to 6 months. You might be able to apply to stay for longer in certain circ*mstances, for example to get medical treatment.

How do I lose my UK tax residency? ›

You're usually non-resident if either:
  1. you spent fewer than 16 days in the UK (or 46 days if you have not been a UK resident for the 3 previous tax years)
  2. you worked abroad full-time (averaging at least 35 hours a week), and spent fewer than 91 days in the UK, of which no more than 30 were spent working.

How long can a non UK resident stay in the UK? ›

In most cases you can stay for up to 6 months. You may participate in a wide range of activities including business-related activities such as meetings, events and conferences. You may enter the UK multiple times during that period but you may not live in the UK by means of frequent or successive visits.

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