SCHEDULES

SCHEDULE 45Statutory residence test

PART 3Split year treatment

Case 6: ceasing full-time work overseas

49

1

The circumstances of a case fall within Case 6 if they are as described in sub-paragraphs (2) to (4).

2

The taxpayer—

a

was not resident in the UK for the previous tax year because the taxpayer met the third automatic overseas test for that year (see paragraph 14), but

b

was resident in the UK for one or more of the 4 tax years immediately preceding that year.

3

There is at least one period (consisting of one or more days) that—

a

begins with the first day of the relevant year,

b

ends with a day that—

i

falls within the relevant year, and

ii

is a day on which the taxpayer does more than 3 hours' work overseas, and

c

satisfies the overseas work criteria.

4

The taxpayer is resident in the UK for the next tax year (whether or not it is a split year).

5

A period “satisfies the overseas work criteria” if—

a

the taxpayer works sufficient hours overseas, as assessed over that period,

b

during that period, there are no significant breaks from overseas work,

c

the number of days in that period on which the taxpayer does more than 3 hours' work in the UK does not exceed the permitted limit, and

d

the number of days in that period falling within sub-paragraph (6) does not exceed the permitted limit.

6

A day falls within this sub-paragraph if—

a

it is a day spent by the taxpayer in the UK, but

b

it is not a day that is treated under paragraph 23(4) as a day spent by the taxpayer in the UK.

7

To work out whether the taxpayer works “sufficient hours overseas” as assessed over a given period, apply paragraph 14(3) but with the following modifications—

a

for “P” read “the taxpayer”,

b

for “year X” read “the period under consideration”,

c

for “365 (or 366 if year X includes 29 February)” read “the number of days in the period under consideration”, and

d

in paragraph 28(9)(b), as it applies for the purposes of step 3, for “30” read “the permitted limit”.

8

The permitted limit is—

a

for sub-paragraphs (5)(c) and (7)(d), the number found by reducing 30 by the appropriate number, and

b

for sub-paragraph (5)(d), the number found by reducing 90 by the appropriate number.

9

The appropriate number is the result of—

A × B 12math

where—

“A” is—

  1. a

    30, for sub-paragraphs (5)(c) and (7)(d), or

  2. b

    90, for sub-paragraph (5)(d), and

“B” is the number of whole months in the part of the relevant year after the 365-day period in question ends.