HMRC Statutory Residence Test (SRT) Master Guide 2026
Comprehensive 2026 guide to the HMRC Statutory Residence Test: automatic UK and overseas tests, the full sufficient-ties matrix, UK day-counting rules, exceptional circumstances, automatic UK work and home tests, and all eight split-year cases.
SRT 2026: What the Statutory Residence Test Determines
The Statutory Residence Test (SRT) determines an individual's UK residence status for each UK tax year. The relevant legislation is in Schedule 45 Finance Act 2013. A person is generally either UK resident or non-UK resident for the tax year, although split-year treatment can divide the tax year into UK and overseas parts for specified purposes. The residence result must be established before applying the tax consequences that depend on residence.
Correct SRT Testing Order
The original page's three-stage order was too simplified. HMRC's current guidance says the practical sequence is: first check the 183-day automatic UK test; if that is not met, consider the three automatic overseas tests; if none applies, consider the second and third automatic UK tests; if still unresolved, apply the sufficient-ties test.
| Step | Question | Outcome |
|---|---|---|
| 1 | Were you in the UK for 183 days or more in the tax year? | UK resident under Automatic UK Test 1 |
| 2 | Do you meet Automatic Overseas Test 1, 2 or 3? | Non-UK resident if any applicable overseas test is satisfied |
| 3 | Do you meet Automatic UK Test 2 or 3? | UK resident if any applicable automatic UK test is satisfied |
| 4 | If no automatic test settles the position, how many sufficient UK ties do you have? | Resident or non-resident according to the applicable ties table |
| 5 | If resident, does a split-year case apply? | Apply the relevant split-year case and priority rules |
Automatic Overseas Test 1: Fewer Than 16 UK Days
Automatic Overseas Test 1 can apply where the individual spends fewer than 16 days in the UK during the tax year and was UK resident in one or more of the previous three tax years. If the conditions are satisfied, the individual is non-UK resident for that year.
Automatic Overseas Test 2: Fewer Than 46 UK Days
Automatic Overseas Test 2 can apply where the individual was not UK resident in any of the previous three tax years and spends fewer than 46 days in the UK in the current tax year. The maximum counted UK presence under this test is therefore 45 days.
Automatic Overseas Test 3: Full-Time Work Abroad
The third automatic overseas test can apply where an individual works full-time overseas under HMRC's statutory sufficient-hours calculation, has no significant break from overseas work, spends fewer than 91 days in the UK, and works for more than 3 hours in the UK on fewer than 31 days. The 35-hour requirement comes from the statutory sufficient-hours calculation; it is not enough simply to have a contract stating 35 hours a week.
| AOT3 Requirement | Core 2026 Rule |
|---|---|
| Overseas work | Must satisfy HMRC's full-time overseas sufficient-hours calculation |
| UK presence | Fewer than 91 UK days |
| UK workdays | Fewer than 31 days on which more than 3 hours are worked in the UK |
| Break from overseas work | No significant break |
Automatic UK Test 1: 183 or More UK Days
A person is automatically UK resident under the first automatic UK test if they spend 183 days or more in the UK during the tax year. For this test, HMRC permits qualifying days attributable to exceptional circumstances to be disregarded where the statutory conditions are satisfied.
Automatic UK Test 2: UK Home Test
The second automatic UK test is more detailed than simply having a UK home for 91 consecutive days. An individual generally needs a UK home in which they spend at least 30 separate days in the tax year, a qualifying 91-consecutive-day period of which at least 30 days fall in the tax year, and the relevant overseas-home conditions must also be satisfied.
Automatic UK Test 3: Full-Time Work in the UK
The third automatic UK test can make an individual UK resident where they work full-time in the UK over a period of 365 days, with no significant break from UK work, and more than 75% of the days on which they work for more than 3 hours in that 365-day period are UK workdays. At least one qualifying UK-workday must fall in the tax year.
Sufficient Ties: Four Core Ties Plus Country Tie
If no automatic test determines residence, the sufficient-ties test looks at UK connections against the number of UK days. There are four core ties: family, accommodation, work and 90-day. The country tie is an additional tie that is relevant where the person was UK resident in one or more of the three previous tax years.
| Tie | Core 2026 Concept |
|---|---|
| Family Tie | Relevant close-family connection with a UK-resident spouse/civil partner/partner or qualifying child, subject to statutory conditions |
| Accommodation Tie | A UK place available for at least 91 consecutive days with the required presence |
| Work Tie | At least 40 UK workdays, where more than 3 hours are worked on a day |
| 90-Day Tie | More than 90 days spent in the UK in one or both of the previous two tax years |
| Country Tie | The UK is the country with the greatest number of qualifying midnights, or is tied for the greatest number |
Exact Sufficient-Ties Day Matrix
The number of ties required depends on prior UK residence. This table should be used rather than the original description of a generic '5-tier' tie test.
| Previous 3-Year UK Residence | UK Days in Current Tax Year | Ties Needed |
|---|---|---|
| UK resident in at least 1 of previous 3 years | 16-45 days | At least 4 ties |
| UK resident in at least 1 of previous 3 years | 46-90 days | At least 3 ties |
| UK resident in at least 1 of previous 3 years | 91-120 days | At least 2 ties |
| UK resident in at least 1 of previous 3 years | Over 120 days | At least 1 tie |
| Not UK resident in any previous 3 years | 46-90 days | All 4 core ties |
| Not UK resident in any previous 3 years | 91-120 days | At least 3 core ties |
| Not UK resident in any previous 3 years | Over 120 days | At least 2 core ties |
Midnight Rule, Transit Days and Deemed Days
For ordinary SRT day counting, a person is generally treated as present in the UK for a day if they are present in the UK at the end of that day, normally at midnight. However, special rules apply to transit days, qualifying exceptional circumstances and the statutory deeming rule. The deeming rule can treat certain additional days as UK days even where the individual was not actually in the UK at midnight.
Exceptional Circumstances: The 60-Day Limit Is Not an Allowance
Days spent in the UK because of exceptional circumstances beyond the individual's control can be disregarded under certain SRT tests. The statutory maximum is 60 days in a tax year, but this is a ceiling, not a 60-day entitlement. The circumstances must be genuinely exceptional and normally arise while the individual is in the UK and prevent them from leaving. Some SRT tests expressly do not allow exceptional-circumstance days to be deducted.
Split-Year Treatment: All Eight Cases
Split-year treatment applies only where the individual is UK resident for the tax year and satisfies one of the statutory cases. Cases 1-3 concern individuals leaving the UK part way through the tax year; Cases 4-8 concern individuals coming to the UK part way through the tax year. Split-year treatment is not optional. If more than one case applies, HMRC's statutory priority ordering determines the applicable case and split date.
| Case | General Circumstance |
|---|---|
| Case 1 | Starting full-time work overseas |
| Case 2 | Partner of someone starting full-time work overseas |
| Case 3 | Ceasing to have a home in the UK |
| Case 4 | Starting to have an only home in the UK |
| Case 5 | Starting full-time work in the UK |
| Case 6 | Returning to the UK after a period of full-time overseas work |
| Case 7 | Returning to the UK after a period of residence overseas with a UK home situation covered by the rules |
| Case 8 | Starting to have a UK home |
Residence History, Split Years and the Prior Three Years
Previous residence matters throughout the SRT. In particular, whether the individual was UK resident in any of the prior three tax years determines which sufficient-ties table applies. Importantly, HMRC states that a year in which split-year treatment applies counts as a full UK-resident year when determining residence in the prior three tax years.
Practical 2026 SRT Decision Workflow
A reliable SRT calculation should be performed in a fixed sequence. Start with the 183-day automatic UK test, then the three automatic overseas tests, then the second and third automatic UK tests, and finally the sufficient-ties test. Only after establishing UK residence should split-year treatment be tested. Residence history, precise day counts, UK homes, workdays, family relationships and exceptional circumstances must all be documented.