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UK tax residence is determined by the Statutory Residence Test (SRT) and is key to understanding the UK tax treatment of your global income and gains. We provide UK tax residence assessments for expats to determine your UK tax obligations and advise on the steps to break UK tax residence where possible.
Your UK tax residence is determined through a structured three-stage test applied by HMRC.
You are treated as non-resident if you meet any automatic overseas test, such as:
You will be considered UK resident if you meet any automatic UK test, including:
If neither automatic test applies, residence is determined by your UK ties:
If neither automatic test applies, the days you spend in the UK are combined with your UK ties to decide your residence status. The more ties you have, the fewer days you can spend here. The limits differ depending on whether you are leaving or arriving.
UK resident in one or more of the previous three tax years
| Days in the UK | Your status |
|---|---|
| Fewer than 16 | Automatically non-resident |
| 16 to 45 | Resident with 4 or more ties |
| 46 to 90 | Resident with 3 or more ties |
| 91 to 120 | Resident with 2 or more ties |
| 121 to 182 | Resident with 1 or more ties |
| 183 or more | Automatically resident |
Not UK resident in any of the previous three tax years
| Days in the UK | Your status |
|---|---|
| Fewer than 46 | Automatically non-resident |
| 46 to 90 | Resident with all 4 ties |
| 91 to 120 | Resident with 3 or more ties |
| 121 to 182 | Resident with 2 or more ties |
| 183 or more | Automatically resident |
These limits only apply if none of the automatic overseas or automatic UK tests are met, for example full-time work abroad or a sole UK home. Days are counted across the UK tax year (6 April to 5 April). The ties are family, accommodation, work and 90-day, plus the country tie for people leaving the UK only. Our Sufficient Ties Test guide explains how each one works.
| Type of tax | UK Tax Resident | UK Tax Non-Resident |
|---|---|---|
| Income taxed in the UK | Worldwide income | UK-sourced income only |
| Capital gains taxed in the UK | Worldwide gains | Generally UK property and land only |
| Foreign Income and Gains regime | New arrivals only | Not applicable |
| Can subscribe to an ISA | Yes | No |
The below examples demonstrate how the Statutory Residence Test applies to three common scenarios. These are for illustrative purposes only and tailored advice should be sought to determine your residence status based on your specific facts and circumstances.
Sarah leaves the UK to work overseas and needs to understand whether she becomes non-UK resident and what this means for her UK tax obligations.
Sarah is treated as UK tax resident for the UK part of the 2025/26 tax year.
Sarah leaves the UK to start Full-Time Work Abroad and is expected to satisfy the relevant conditions.
Sarah becomes non-UK resident from her first overseas workday: 1 October 2025
Following the application of split year treatment, Sarah is only taxable in the UK on her UK-source income and UK property gains.
John is a freelance digital nomad working from various countries across South East Asia. He does not spend more than 3 months in any one country but often returns to the UK.
John is not UK tax resident for 2026/27 under the Sufficient Ties Test.
As someone who left the UK, John would only be UK resident at 60 days if he had three or more ties. He has two, the 90 day tie and the work tie, so he is non-resident.
John does not have a home or family in the UK and does not spend more time in the UK than any other single country, which would otherwise be UK ties impacting his UK day threshold.
As a non-resident, John is taxable in the UK on his UK-sourced income and UK property gains only.
Johannes has accepted a job role in London with a UK employer. He has some German investment income and wants to understand the UK tax implications while he is living here.
Johannes will qualify for split year treatment and be non-resident prior to his arrival.
Johannes will become UK tax resident from the date of his first UK workday on 1 July 2026.
As he acquires his UK home after starting Full-Time Work in the UK, he becomes UK tax resident from the earlier date of 1 July 2026.
Johannes will not be taxable on his foreign income earned prior to his arrival in the UK. After becoming UK tax resident, his worldwide income and gains are taxable, however relief should be available under the Foreign Income and Gains (FIG) regime or the UK/Germany Double Taxation Agreement.
Jacob is fast, structured, and deterministic. He responds quickly, gives clear and definitive answers where the law allows, and doesn't hide behind vague replies. He knew the expat and non-resident space cold — no need to "look into it later." The written advisory memo was clear and actionable, and the tax return was prepared and filed efficiently with minimal back-and-forth.
If you're a non-resident, digital nomad, or expat dealing with a complex tax situation, I'd strongly recommend Jacob. He's exactly the kind of advisor you want in your corner.
I contacted Jacob for advice ahead of returning to the UK after several years working overseas. He was extremely knowledgeable, thorough and responsive, particularly when some time-sensitive questions arose while I was arranging my return. His advice was clear, practical and tailored to my circumstances, and helped me navigate a complex tax-residency position with much greater confidence.
I'd highly recommend Jacob to anyone needing expatriate or UK tax-residency advice.
…he explained it simply so that I can understand everything.
…an advisor who feels like he has your best interests at heart…
…used him for a number of years and have been very happy…
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Request a quoteYes. Your UK tax residence status is what determines the UK domestic tax treatment of your global income and gains. Knowing your residence status is the first step in understanding your UK tax liability and reporting obligations.
If you were UK resident in one or more of the previous three tax years, spending fewer than 16 days here makes you automatically non-resident (46 days if you were not). Spending 183 days or more makes you automatically resident. Between those limits, the number of UK ties you have decides the outcome: for example, someone who left the UK is resident at 46 to 90 days only if they have three or more ties. Our Sufficient Ties Test guide explains how the ties work.
Residence is determined by the Statutory Residence Test (SRT), which works through three stages in order: the automatic overseas tests, the automatic UK tests, and finally the sufficient ties test. You only move on to the next stage if the previous one doesn't already settle your status, so the order in which the tests are applied matters.
The automatic overseas tests can make you automatically non-resident — for example, spending very few days in the UK, or leaving to work full time abroad. The automatic UK tests work the other way, making you automatically resident — for example, spending 183 days or more in the UK, or having your only home here. If none of these automatic tests apply, your status is decided by the sufficient ties test instead.
The sufficient ties test looks at connecting factors to the UK — such as family, accommodation, work, and time spent in the UK in previous years — and combines them with your day count for the year. The more ties you have, the fewer days you can spend in the UK before becoming resident, which is why two people with identical day counts can end up with different residence outcomes.
Broadly, you're treated as having spent a day in the UK if you're here at midnight, though there are exceptions — such as the "deeming rule" for frequent travellers, and limited relief for days spent here only because of exceptional circumstances beyond your control. Because these exceptions are narrowly defined, it's easy to miscount days without realising it.
Possibly. If you meet one of the qualifying cases — such as starting full-time work abroad, or ceasing to have a home in the UK — the tax year you leave or arrive can be split into a UK part and an overseas part, rather than being treated as resident or non-resident for the whole year. This is assessed separately from the main residence test and depends on your specific circumstances.
You can become UK non-resident by starting Full Time Work Abroad or by limiting the amount of time you spend in the UK. Ongoing ties to the UK such as homes, family and work will make it more difficult to break tax residence. Our UK tax planning advice for expats covers how to plan your departure.
It is possible to be resident in two countries under each country's own rules. Most UK double taxation agreements then apply tie-breaker tests, usually looking at where you have a permanent home, where your personal and economic ties are closest, where you habitually live and finally your nationality. The result decides which country has the primary right to tax you and can limit the UK's taxing rights over certain income.
UK tax residents are generally taxable in the UK on their worldwide income and gains however the source country may also tax the same income under their laws. Reliefs may be available under the Foreign Income and Gains (FIG) Regime or under a Double Tax Treaty which are discussed in our consultation.
No. UK tax residence is based on the days you spend in the UK and your ties to the country, not your citizenship. A British citizen living abroad can be non-resident, and a foreign national living in the UK can be resident. Nationality can still matter elsewhere, for example for the personal allowance as a non-resident and as the final step of a treaty tie-breaker.
UK sourced income includes UK bank interest, dividends from UK companies, rental income from UK properties, employment/self-employment income from UK workdays, income from UK pensions and UK partnership income.
Yes, however there may be some restrictions. Contributions to personal pensions claiming relief at source are capped at £3,600 gross per year while non-resident and you should ask your pension provider if they allow participation by non-residents.
Keep evidence of the days you spend in the UK and elsewhere, such as flight and ferry bookings, passport stamps, a travel calendar and records of where you worked. Evidence of your ties also helps, for example tenancy or property documents, payslips or work diaries, and details of family living in the UK. HMRC can ask you to support your position for several years, so it is worth keeping everything in one place.
HMRC provides a general guidance tool that gives an indication of residence status, but it can't take into account every nuance of your circumstances and its result isn't binding on HMRC. Given how much turns on getting this right — potentially your entire worldwide tax exposure — a proper assessment of your specific facts is usually a better starting point than a generic online tool.
We review your day counts, ties, and the specific facts around your move — homes, family, and work — and work through the Statutory Residence Test in full to reach a clear, documented conclusion on your status for the relevant tax year, or years. Where useful, we'll also flag split-year treatment, planning opportunities, or risks we notice along the way.
Tell us about your situation and we’ll reply personally with a fixed fee quote.
Request a quoteTell us about your situation and we’ll reply personally with a fixed fee quote. If a call would help, we’re happy to arrange a free introductory call.
✓ 10+ years experience
✓ CIOT examiner
✓ Award-winning CTA specialist