Statutory Residence Test

Old May 9th 2021, 12:02 pm
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Default Statutory Residence Test

I want to return to the UK this year and it's important to figure out where and how much tax to provision for.

In going through the automatic overseas and UK tests as a retired person my first problem is with the 3rd overseas test because it mentions employment and not retirement. If retirement from a foreign employer does not count I fail the 3 overseas tests and fall back to Uk residence.

On going to the automatic Uk tests it seems that I fail the third test since as a retired person I have no UK employment at any time and this means I don't fall into the UK tax provided I do not spend more than 91 days in the current year. Leaving before December or any time before April 6 I would pay tax in France and could close my French pea and assurance vie before leaving.

if this does not apply, the Sufficient Ties Test does not help because I have accommodation in the UK, and if they add the country tie, then with two ties And 106 days in a previous year I fail again and become UK resident. With a house to sell and the PEA plus insurance I don't think that the tax agreement between France and Uk is much use since any differences in CG would not be covered ie pea allowances much higher than the UK 20k pounds.

Has anyone returned recently with experience of tax difficulties, or even the names of suitable accountants?

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