HM Treasury have finally released their response to the consultation into implementing a statutory residence test from April 2013.
The document outlines a summary of the responses received and also highlights any refinements to the original proposals that have been made. There is some much welcome clarification on certain definitions within the proposed test, although invariably some question marks will remain.
It is a three-tier test, broken down into those who are conclusively non-resident, conclusively resident or if they do not apply, the connections an individual has with the UK and the number of days that they spend here are considered in the final test:
• Those who are conclusively non-resident will be
o anyone present in the UK for fewer than 46 days if they have been non-resident in all of the previous three years, or
o present for fewer than 16 days if they have been resident in one or more of the previous three years, or
o work full-time abroad and are present in the UK for fewer than 90 days with no more than 20 days* spent working in the UK
* The consultation document outlines that the Government are requesting views on whether this should be increased to 25 days.
• Those who are conclusively resident will be:
o Anyone present for more than 183 days in the tax year, or
o Only has one home and that home is in the UK, or
o Works full-time in the UK
• If Parts A & B do not apply, then the number of connecting factors with the UK and the amount of time spent in the UK determines the status.
If you have any concerns over how this may affect you, please get in touch.