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Old Dec 14th 2017, 1:13 pm   #1
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Default HMRC SRT - definition of temporary residence

I am coming to the end of a 3 year stretch as non resident full time in Saudi Arabia. We have been back for approx 42 days per year and before 3 years ago I was not working for 8-9 months while waiting for the job to be formalised. Prior to that we were in the uk permanently for many years.

I now need to make a trip back for a new visa, and I am getting very nervous that if I stay at the house my partner owns or my mothers where
we have resided for 20 days this tax year I will end up as having had a significant break (that is more than 30 days at onw address) and this will mean [having not been non resident from the uk for 5 years] I am classified as a temporary resident as per page 71 of the SRT.

So basically the choice presents itself to arrive and get straight back on an aeroplane somewhere or rent accommodation while I wait for the appointment with the Saudi Embassy for the new visa.

Can someone tell me whether I am interpreting this wrong, because currently it looks like if you screw up for any 1 of 5 years and spend too many days e.g. more than 46 or 91, not sure which is correct, or have a break between jobs in the uk then you are liable for full uk tax on all of your earnings..

comments very much appreciated, while I try to get clarification from
a tax lawyer.

miao! ... that means cheers.
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Old Dec 16th 2017, 9:09 am   #2
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Default Re: HMRC SRT - definition of temporary residence

One can usually see charts regarding number of days about non residency rules on web sites of larger accountants - PWC and KPMG had it. It has become stricter over the last few years I think. Days may be tied to other things like - do you have property in Uk? - but not sure. Expect other know more if I am wrong! I always wondered how they actually checked on number of days. Would Customs and Immigration manage it?
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Old Dec 21st 2017, 8:58 pm   #3
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Default Re: HMRC SRT - definition of temporary residence

Don't know the answer to your question, but can advise you to seek professional foreign income tax advice from an accountancy in the UK, or even phone HMRC direct. They have been quite helpful in clarifying questions I had.
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Old Dec 23rd 2017, 6:56 am   #4
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Default Re: HMRC SRT - definition of temporary residence

I'd go with an accountant if in doubt. HMRC have been known to give out conflicting advice and also to ignore your pleas that you got the bad advice from HMRC in the first place. After all, they are not qualified tax advisors. Accountants are.
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Old Dec 23rd 2017, 8:51 am   #5
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Default Re: HMRC SRT - definition of temporary residence

Quote:
Originally Posted by sicklyman View Post
I'd go with an accountant if in doubt. HMRC have been known to give out conflicting advice and also to ignore your pleas that you got the bad advice from HMRC in the first place. After all, they are not qualified tax advisors. Accountants are.
I agree completely. They are not well informed about tax matters unless they are examining you. You can write a letter though and get a written reply - which takes 6 weeks plus postal time.
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