Residence: Leaving the United Kingdom: Residence status
One of the many factors that determine an individual’s residence is the number of days they are physically present in the UK. The only occasion when days alone determine an individual’s residency is when they are here for 183 days or more during a tax year.
An individual may also be resident in the UK if they are here for fewer than 183 days in a tax year. This will depend on how often and how long they are here, the purpose and pattern of their visits and their connections to the UK. This might include the location of their family, their property, their work life and social connections.
If the nature and degree of ties to the UK show that it is usual for an individual to live in the UK, they are resident in the UK.
Ordinary residence is different from residence. The word ‘ordinary’ indicates that an individual’s residence in the UK is typical for them and not casual. If an individual has always lived in the UK then they are ordinarily resident here.
Under the SRT the concept of ordinary residence no longer exists, and so for all intents and purposes ceases from 6 April 2013.
The pattern of an individual’s presence, both in the UK and overseas, is an important factor when deciding if they are ordinarily resident in the UK. You will need to take into account the reasons for them being in, coming to, or leaving the UK and their lifestyle and habits.
Using the information you get (for example on the form P85), will help you to decide
- the individual’s residence and ordinary residence status
- if you need to refer to further guidance from within the RDRM or other guidance manuals
- (This content has been withheld because of exemptions in the Freedom of Information Act 2000)