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Expat SRT

UK Expat Tax & Statutory Residence Test (SRT) Complete Guide 2026

Comprehensive 2026 guide to UK expat tax residence: SRT Automatic Overseas and UK tests, sufficient ties, day counting, split-year treatment, temporary non-residence, the new 4-year Foreign Income and Gains regime, Double Taxation Relief and SA109 reporting.

Executive Summary: Core UK Expat Tax Principles

UK personal tax residence is determined separately for each tax year under the Statutory Residence Test (SRT), which considers time spent in the UK, work performed in the UK, and the individual's UK connections. Residence is only the first part of the analysis: the actual UK tax charge then depends on the type of income or gains, statutory exemptions/reliefs, treaty rules and, for qualifying new UK residents, the 4-year Foreign Income and Gains (FIG) regime.

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UK Tax Residents: Generally taxed on worldwide income and gains under the arising basis from 6 April 2025, subject to specific relief such as the 4-year FIG regime and Double Taxation Relief.
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Non-UK Tax Residents: Generally outside UK tax on foreign income and gains, but UK tax can still apply to specified UK income, UK property/land gains and other statutory charges. Temporary non-residence can also bring specified income and gains back into charge on return.
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Automatic Overseas Test 3: Full-time overseas work can establish non-residence where the statutory sufficient-hours overseas test is met, there are fewer than 91 UK days, fewer than 31 UK work days, and no significant break from overseas work.
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SA109 Reporting: Where Self Assessment is required, the residence section of SA109 is used to report the relevant residence/split-year position. Residence is determined under the SRT and is not created merely by submitting SA109.

Expat Tax Status Comparison: Resident vs Non-Resident

The table below contrasts tax treatment between UK residents and non-residents:

Tax AreaUK Tax ResidentNon-UK Tax Resident
Foreign incomeGenerally within UK tax on the arising basis, subject to relief such as the FIG regimeGenerally outside UK tax, subject to specific UK-source and statutory rules
Foreign capital gainsGenerally taxable in the UK, subject to available reliefGenerally outside UK CGT, subject to UK land/property rules and the temporary non-residence provisions
UK rental incomeGenerally taxable in the UKGenerally taxable in the UK; Non-Resident Landlord Scheme withholding can apply to rental payments
UK property / land gainsPotentially taxable under ordinary UK CGT rulesGenerally within UK CGT/NRCGT rules for relevant UK property or land disposals
Foreign income of qualifying new residentPotentially exempt if a valid FIG claim is made for qualifying foreign income/gainsOutside UK tax as a non-resident, subject to the ordinary non-resident and source rules

The 5-Year Temporary Non-Residence Rule

The statutory temporary non-residence rules can apply when an individual returns to the UK after a period of temporary non-residence. Broadly, the person must have had sole UK residence in a relevant residence period before departure, have had sole UK residence (or a qualifying split-year residence period) in at least 4 of the 7 tax years immediately before the year of departure, and have a period of non-residence of 5 years or less. If the rules apply, certain specified income and gains received during the temporary non-residence can be brought into charge in the year of return. It is not a rule that automatically taxes every capital gain made abroad.

Step-by-Step HMRC Compliance Action Plan

When leaving the UK, determine your SRT position and whether split-year treatment applies. Keep a detailed UK day-count and work-day record, retain evidence such as travel records and employment information, use P85 where appropriate, and complete SA109 as part of Self Assessment where a return is required. If you later become UK resident again, also review the temporary non-residence and FIG-regime rules.

Current 2026 SRT Decision Sequence

The SRT is applied separately for each tax year. Start with the number of UK days. If you were in the UK for 183 days or more, you are UK resident and do not need to consider the other tests. If you were below 183 days, consider the Automatic Overseas Tests. If none applies, consider the Automatic UK Tests. If those are inconclusive, apply the Sufficient Ties Test.

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183-day rule: 183 or more UK days makes you UK resident.
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Automatic Overseas Tests: Consider all 3 where relevant.
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Automatic UK Tests: Consider all 3 where relevant.
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Sufficient ties: Applies when the automatic tests do not determine residence.
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Each tax year: Residence is determined separately.

Automatic Overseas Test 1 — Fewer Than 16 Days

You are automatically non-UK resident if you were UK resident in one or more of the 3 tax years before the current year and spend fewer than 16 days in the UK in the current tax year.

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Previous residence: At least 1 of the previous 3 tax years.
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UK-day limit: Fewer than 16 days.
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Result: Automatic non-residence.
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No sufficient-ties calculation needed if the test is met.

Automatic Overseas Test 2 — Fewer Than 46 Days

You are automatically non-UK resident if you were not UK resident in any of the 3 tax years before the current year and spend fewer than 46 days in the UK in the current tax year.

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Previous residence: None of the previous 3 tax years.
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UK-day limit: Fewer than 46 days.
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Result: Automatic non-residence.
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This is not available to someone who was UK resident in any of the previous 3 years.

Automatic Overseas Test 3 — Full-Time Work Overseas

The third Automatic Overseas Test applies where you work full-time overseas for the relevant tax year, meet the sufficient-hours overseas test, have no significant break from overseas work, spend fewer than 91 days in the UK, and have fewer than 31 UK work days. A UK work day is generally a day on which you perform more than 3 hours of work in the UK.

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Full-time overseas work: Sufficient-hours test required.
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UK days: Fewer than 91.
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UK work days: Fewer than 31.
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Workday threshold: More than 3 hours counts as a UK work day.
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Significant break: A statutory break from overseas work can prevent the test being met.
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Self-employed people: The test can apply to employees and self-employed people.

The 90-Day Tie — Not a 90-Day 'Tie-Breaker'

The 90-day tie is one of the statutory UK ties used by the Sufficient Ties Test. You generally have a 90-day tie if you spent more than 90 days in the UK in either of the 2 tax years immediately before the tax year being tested. It does not by itself make you resident and should not be described as a treaty-style tie-breaker.

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Reference period: Either of the previous 2 tax years.
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Trigger: More than 90 UK days in either relevant year.
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Purpose: One factor in the Sufficient Ties Test.
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Not automatic residence: The 90-day tie must be combined with UK-day count and other ties.
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Terminology: '90-day tie' is the correct statutory description.

The Five UK Ties

The Sufficient Ties Test uses a maximum of five UK ties depending on whether the person was resident in the previous 3 tax years. The ties are the family tie, accommodation tie, work tie, 90-day tie and, for leavers, the country tie. The more ties a person has, the fewer UK days they can spend before becoming resident.

TieCore Concept
Family tieClose family connections in the UK under the statutory definition
Accommodation tieAccessible accommodation in the UK meeting the statutory conditions
Work tieSufficient UK work days
90-day tieMore than 90 UK days in either of the previous 2 tax years
Country tieThe UK is the country in which the person spends the greatest number of days, relevant to leavers

Sufficient Ties — Leaver Thresholds

If you were UK resident in one or more of the previous 3 tax years, the number of ties needed depends on your UK-day count. Under the current guidance, 16–45 UK days requires at least 4 ties, 46–90 days requires at least 3 ties, 91–120 days requires at least 2 ties, and more than 120 days requires at least 1 tie.

UK DaysTies Needed for UK Residence
16–45At least 4
46–90At least 3
91–120At least 2
Over 120At least 1

Sufficient Ties — Arriver Thresholds

If you were not UK resident in any of the previous 3 tax years, the sufficient-ties threshold is different: 46–90 UK days requires all 4 applicable ties, 91–120 days requires at least 3 ties, and more than 120 days requires at least 2 ties.

UK DaysTies Needed for UK Residence
16–45Does not trigger residence under this table
46–90All 4 applicable ties
91–120At least 3
Over 120At least 2

UK Day Counting — Midnight Rule

For the SRT, a day spent in the UK normally counts when you are present in the UK at midnight at the end of that day. There are specific exceptions and special rules for transit days, exceptional circumstances and deemed days. A travel log should therefore record arrival/departure details as well as where you were at midnight.

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Midnight: Core day-counting principle.
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Travel days: Require careful analysis.
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Transit days: Special rule can apply.
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Exceptional circumstances: Certain days can be disregarded.
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Deeming rule: Some days can be treated as UK days even without midnight presence.

Exceptional Circumstances

Certain days can be disregarded from the UK day count when presence in the UK is caused by exceptional circumstances beyond the individual's control or foresight, subject to the statutory conditions and 60-day overall limit. HMRC expects the circumstances to be exceptional; ordinary travel disruption, personal convenience or foreseeable events do not automatically qualify.

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Maximum: Up to 60 days can potentially be disregarded.
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Test: Exceptional circumstances beyond the individual's control or foresight.
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Not automatic: Evidence and facts matter.
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Ordinary inconvenience: Does not by itself qualify.

The Deeming Rule

The SRT contains a deeming rule that can add UK days for certain people who have accumulated enough actual UK days and whose previous-day pattern satisfies the statutory conditions. This is separate from the normal midnight rule and can matter to frequent visitors who repeatedly stay in the UK.

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Separate rule: Deeming is not the ordinary midnight test.
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Potential effect: Can increase the UK day count.
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Frequent visitors: Particularly important in day-count planning.
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Statutory conditions: Must be checked carefully.

Automatic UK Test 1 — 183 Days

If you spend 183 days or more in the UK during the tax year, you are automatically UK resident. No further SRT test is necessary once this threshold is met.

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Threshold: 183 days or more.
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Result: Automatic UK residence.
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No tie analysis: Sufficient ties are unnecessary once the test is met.

Automatic UK Test 2 — UK Home Test

The second Automatic UK Test can apply where you have a home in the UK and the statutory 91-day/30-day conditions are satisfied, including the required treatment of overseas homes. This is more detailed than simply saying 'you have a home in the UK for 91 days'.

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91 consecutive days: Required period.
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30 days: At least 30 of those days must fall in the relevant tax year under the statutory conditions.
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UK home use: Presence in the home matters.
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Overseas home: Its availability and days of presence can affect the test.

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 for a 365-day period, more than 75% of the relevant work days are UK work days, and at least one such UK work day falls in the tax year being considered. It is a detailed annual-work test and should not be reduced to a simple UK employment contract.

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365-day period: Required.
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More than 75% UK work days: Required.
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At least one qualifying UK work day in the tax year: Required.
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Work-day threshold: More than 3 hours.
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Long-term work: Relevant even where annual UK days are below 183.

Split-Year Treatment

Split-year treatment can divide a UK tax year into a UK part and an overseas part when the statutory conditions of one of the split-year cases are satisfied. There are cases covering, among other things, starting full-time work overseas, accompanying a partner who starts full-time work overseas, ceasing to have a UK home, starting a UK home, starting full-time work in the UK and ceasing full-time work overseas. Split-year treatment affects how residence is applied during the year; it does not simply mean that the year is arbitrarily divided on the moving date.

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Statutory mechanism: Split-year treatment must satisfy a specific case.
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Overseas cases: Cases 1–3.
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UK-arrival cases: Cases 4–8.
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Tax impact: Can divide foreign-income treatment between an overseas and UK part.
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SA109: Relevant split-year case is normally reported through the residence supplementary page.

4-Year Foreign Income and Gains (FIG) Regime

From 6 April 2025, the FIG regime replaced the remittance basis for new qualifying residents. A qualifying new resident is generally someone in their first 4 tax years of UK residence following at least 10 consecutive tax years of non-UK residence. A valid claim can exempt qualifying foreign income and gains arising during the claim year, but the relief is not automatic and certain allowances are lost for a year in which a claim is made.

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Start: 6 April 2025.
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Eligibility: First 4 tax years of UK residence after at least 10 consecutive tax years of non-residence.
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Claim: Must be made on Self Assessment.
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Scope: Qualifying foreign income and gains.
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Allowances lost: Personal allowance and CGT annual exempt amount are generally lost for the claim year, with other allowance consequences.
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No remittance requirement: Qualifying relieved FIG can generally be brought to the UK without an additional remittance charge.

FIG Regime Does Not Automatically Cover Foreign Employment Income

Foreign employment income is subject to separate rules. A qualifying new resident may be able to claim Overseas Workday Relief for the qualifying portion of foreign employment income attributable to non-UK workdays, subject to the conditions of that relief. The FIG regime itself should therefore not be described as automatically exempting all foreign salary.

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Foreign employment: Separate treatment.
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Overseas Workday Relief: Can apply to qualifying foreign employment income.
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Workdays: Relief is linked to duties performed outside the UK.
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Conditions: Specific FIG/OWR requirements apply.

FIG Claim Can Cost Personal Allowances

A FIG claim is not simply a free exemption with no trade-off. For a claim year, the claimant generally loses the Income Tax personal allowance and Capital Gains Tax annual exempt amount, and can lose other allowances such as Married Couple's Allowance, Marriage Allowance and Blind Person's Allowance where otherwise available. The foreign income/gains claim can also affect adjusted net income calculations.

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Personal allowance: Generally lost for the claim year.
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CGT annual exempt amount: Generally lost.
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Marriage/Married Couple's allowances: Can be lost where otherwise available.
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Adjusted net income: Relieved FIG can still affect certain calculations.

Temporary Non-Residence — 4 of 7 + 5 Years or Less

For the current statutory rules, temporary non-residence can apply where the individual had sole UK residence in a qualifying residence period, had sole UK residence or a qualifying split-year residence period in at least 4 of the 7 tax years immediately before departure, and the period of non-residence is 5 years or less. If the rules apply, specified categories of income and gains can be taxed in the year of return.

ConditionCurrent Requirement
Previous UK residenceAt least 4 of the 7 tax years immediately before departure satisfy the statutory residence condition
Non-residence duration5 years or less
ReturnIndividual becomes UK resident again
EffectSpecified income/gains during temporary non-residence can be brought into charge

Temporary Non-Residence Is Not Only About Capital Gains

The current temporary non-residence rules cover specified categories of income and gains, including certain capital gains, flexible drawdown pension withdrawals, certain employer-financed retirement benefits, chargeable event gains, offshore income gains and certain remitted foreign income. The correct analysis therefore depends on the exact type of amount received during the temporary non-residence period.

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Capital gains: Certain gains can be caught.
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Pension income: Certain pension withdrawals can be caught.
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Foreign income: Certain remitted amounts can be caught.
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Company distributions: Certain distributions can be within the rules.
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Not universal: The rules apply only to listed categories.

Double Taxation Relief for UK Expats

Being UK non-resident does not remove foreign-country taxation, and being UK resident does not necessarily mean paying tax twice without relief. Where the same income is taxed by both countries, Double Taxation Relief can be available under a treaty or UK unilateral-relief rules, subject to the relevant conditions and limits. Treaty residence, source-country taxing rights and the type of income must all be analysed separately.

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Foreign tax credit: Can reduce UK tax on the same foreign income.
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Treaty: May allocate taxing rights between countries.
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Credit limit: Relief generally cannot exceed the UK tax attributable to the relevant foreign income.
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Same income: The UK and foreign taxes must relate to the same income/gain for normal credit relief.
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Certificate of residence: May sometimes be required for treaty claims.

Non-Resident UK Rental Income & the Non-Resident Landlord Scheme

UK rental income can remain taxable when you live abroad. Under the Non-Resident Landlord Scheme, letting agents and certain tenants can be required to deduct tax from rental payments unless HMRC has authorised the landlord to receive rent gross. The landlord may also need to file Self Assessment and report rental profit. The withholding rate should not be confused with the individual's final UK tax liability.

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UK rental income: Generally taxable.
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NRLS withholding: Can apply to rent paid to a non-resident landlord.
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Gross-payment approval: HMRC can authorise eligible landlords to receive rent without withholding.
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SA105: Rental pages can be relevant where Self Assessment is required.
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Final tax: Withheld tax is not necessarily the final liability.

Non-Resident UK Property Gains & 60-Day Reporting

Non-residents can be within UK Capital Gains Tax rules for relevant disposals of UK land and property. Where a 60-day reporting requirement applies, the CGT return and payment deadline is normally 60 days from completion. The exact requirement depends on the disposal and taxpayer's circumstances, so the page should not state that every UK property disposal is identical.

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UK land/property: Non-residents can be within UK CGT.
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60 days: Relevant disposals can require a CGT return within 60 days of completion.
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Residential property: Separate payment/reporting rules can apply.
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Exceptions: Some disposals do not follow the same reporting process.

P85 — When to Use It

P85 is used to tell HMRC that you have left or are leaving the UK and may claim a PAYE repayment. It is especially relevant where the person leaves UK employment and is going abroad for at least a full tax year. However, someone who is required to submit Self Assessment for the departure year generally reports the residence position through the return instead, subject to specific situations where P85 remains appropriate.

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Purpose: Notify HMRC of departure and potential PAYE repayment.
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Not universal: SA taxpayers generally use the return for the residence position.
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UK employer abroad: Certain full-time overseas-employment cases can still use P85.
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P45: Relevant employment information can be needed.

SA109 — Reporting Residence Correctly

SA109 is the residence supplementary page accompanying Self Assessment. It is used to report UK residence status, split-year treatment and related residence information. It is not a 'claim for non-residence' in the sense that completing the form creates the status. The tax position must be calculated under Schedule 45 Finance Act 2013 and HMRC's SRT guidance, with SA109 documenting the taxpayer's position.

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Residence: Reported on SA109 where applicable.
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Split-year: Relevant case/date can be reported.
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Legal test: SRT determines status.
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Form effect: SA109 reports rather than creates residence status.
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Supporting records: Day counts/work logs should be retained.

2026 Practical Expat Residence Workflow

For each tax year, first count UK days and determine whether 183 days or more were spent in the UK. If not, test Automatic Overseas 1–3. If none applies, test Automatic UK 1–3. If those tests are inconclusive, calculate the relevant UK ties and apply the sufficient-ties table for a leaver or arriver. Then check split-year treatment, treaty residence, temporary non-residence, FIG eligibility, foreign tax credit relief and the required HMRC forms.

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Step 1: Count UK days.
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Step 2: Automatic Overseas Tests.
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Step 3: Automatic UK Tests.
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Step 4: Sufficient Ties Test.
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Step 5: Split-year treatment.
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Step 6: FIG/Overseas Workday Relief if arriving in the UK.
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Step 7: Temporary non-residence if returning after a period abroad.
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Step 8: Treaty / Double Taxation Relief.
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Step 9: SA109/P85 and other filing obligations.

Frequently Asked Questions (6)

Generally, a non-UK resident is not taxed by the UK on foreign employment income, but this is not an absolute blanket exemption. The source of the employment, duties performed in the UK, treaty rules and any special statutory provisions must be considered.

There is no general standalone 90-day allowance. Under Automatic Overseas Test 3, full-time overseas work can support non-residence if you meet the sufficient-hours overseas test, spend fewer than 91 days in the UK, work more than 3 hours in the UK on fewer than 31 days, and have no significant break from overseas work.

UK rental income is generally taxable in the UK even if you live abroad. Depending on your circumstances, the Non-Resident Landlord Scheme can require tax to be withheld from rental payments, and the income may also need to be reported through Self Assessment.

P85 is used to tell HMRC that you have left or are leaving the UK and, where appropriate, to claim a PAYE repayment. You generally do not need a separate P85 if you are already required to file a Self Assessment return for the year of departure, subject to specific exceptions such as certain employees of UK employers working abroad.

The temporary non-residence rules can apply when the non-residence period is 5 years or less and the other statutory conditions are met, including the 4-out-of-7 prior-residence test. Where the rules apply, certain specified income and gains arising during the temporary non-residence can be taxed in the year of return. It does not automatically tax every gain made abroad.

Where you have to file Self Assessment, SA109 is the supplementary residence page used to report your SRT residence status and any relevant split-year treatment. The form reports the legal position; submitting SA109 does not itself create non-residence.
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2026 TAX SNAPSHOT

Standard Personal Allowance
£12,570
Standard allowance; specialist and Scottish rules can differ.
England / Wales / Northern Ireland Basic-Rate Band
£37,700
£50,270 including the standard £12,570 Personal Allowance.
4-Year FIG Regime
Maximum 4 tax years
Available to qualifying new UK residents after at least 10 years of non-UK residence.
IHT Long-Term UK Residence
10 of previous 20 years
Overseas-asset exposure can continue for 3–10 years after leaving, depending on residence history.

Summary Takeaways & Checklist

  • UK tax non-residents are generally outside UK tax on foreign income and gains, but UK tax can still apply to specified UK income, UK property/land gains and other statutory charges.
  • The third Automatic Overseas Test can apply to someone working full-time overseas if the statutory overseas-work, fewer-than-91-UK-days, fewer-than-31-UK-work-days and no-significant-break conditions are all satisfied.
  • Foreign gains are generally outside UK CGT while genuinely non-resident, subject to UK property/land rules and the statutory temporary non-residence provisions that can tax specified gains or income after a qualifying return.
  • UK rental income and relevant UK property/land gains can remain within UK tax for non-residents, but the exact treatment depends on the source, property type, reporting regime, exemptions and treaty provisions.
  • Where Self Assessment is required, report residence and any split-year position on SA109; the underlying residence status is determined by the SRT.