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-   -   UK tax residency rules (https://britishexpats.com/forum/usa-57/uk-tax-residency-rules-905734/)

Neillc37 Nov 11th 2017 11:48 am

UK tax residency rules
 
Hi,
I have lived in the US for over twenty years. I have no home in the UK. I have no income in the UK. I am a dual US/UK national.
My father is sick and I may have to spend some extended time in the UK to help out etc. At first I looked at the tax residency rules and could see there were limits on the number of days I could spend there. We don't go to the UK every year but every few years.
This morning I realized the tax treaty might modify this and it looks like it does.
The tie-breaker rules would seem to override the number of days I could be present there without being a tax resident. Having my permanent home in the US as well as all my assets there beyond some trivial pension pots in the UK would make me a resident of the US.
I want to avoid hassles with my portfolio in the US (I am retired) if I spend say a month this year and a month or two next year staying with my parents.
Does this match others understanding of the situation?
Thanks.

robin1234 Nov 11th 2017 12:28 pm

Re: UK tax residency rules
 
Yes, you're well within the safe zone if you spend a month or two in the UK each year, under the circumstances you describe.

Dominic0012 Nov 14th 2017 2:58 pm

Re: UK tax residency rules
 
Well based on what you have written it doesn't appear like you have any ties to the U.K. under the statutory residence test so you would need to stay over 183 days for you to trigger dual status tax residency.

durham_lad Nov 14th 2017 4:17 pm

Re: UK tax residency rules
 

Originally Posted by Dominic0012 (Post 12381895)
Well based on what you have written it doesn't appear like you have any ties to the U.K. under the statutory residence test so you would need to stay over 183 days for you to trigger dual status tax residency.

That sounds about right to me also.


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