Since its introduction in 2013, the Statutory Residence Test has been the definitive framework for determining UK tax residency. The test works through a series of automatic residency tests, automatic overseas tests, and sufficient ties tests. You must work through them in order—first the automatic tests, then the sufficient ties test if neither set of automatic tests applies.
You are automatically UK resident if any of the following apply:
You are automatically non-resident if any of the following apply:
If neither automatic test applies, your residency is determined by the number of "sufficient ties" you have to the UK combined with the number of days you spend there. The ties include:
| Tie Type | Description |
|---|---|
| Family tie | Spouse or minor child resident in the UK |
| Accommodation tie | Available accommodation (owned or rented) for 91+ days, used for 1+ night |
| Work tie | 40+ days working in the UK (3+ hours per day) |
| UK presence tie | 90+ days in the UK in either of the previous two tax years |
| Country tie | More days in the UK than any other single country (former residents only) |
The number of ties you can have while remaining non-resident decreases as your UK days increase. For example, a former UK resident can spend up to 45 days in the UK with four ties, but a maximum of 120 days with zero ties.
| Previous 3 Years Resident? | Max UK Days (0 ties) | Max UK Days (2 ties) | Max UK Days (4+ ties) |
|---|---|---|---|
| Yes (was resident) | 120 days | 90 days | 45 days |
| No (was non-resident) | 183 days | 120 days | 90 days |
When you move to or from the UK mid-year, split year treatment allows you to divide the tax year into a UK-resident part and a non-resident part. During the overseas part, your foreign income is not taxable in the UK. This treatment applies in eight specific scenarios, including leaving the UK to work full-time overseas, ceasing to have a home in the UK, and starting full-time work in the UK.
Split year treatment is not automatic—you must meet the conditions for one of the eight cases outlined in HMRC guidance. The most commonly used cases for departing expats are Case 1 (leaving the UK to work full-time overseas) and Case 5 (ceasing to have a home in the UK). Each case has specific day-count and work requirements that must be met.
Once you achieve non-resident status, you generally stop paying UK tax on foreign income and capital gains. However, you remain liable for tax on certain UK-source income:
| Income Type | Tax Treatment for Non-Residents | Default Withholding |
|---|---|---|
| UK rental income | Taxed at 20% via Non-Resident Landlord Scheme | 20% (unless HMRC approves gross payment) |
| UK pension income | Taxed at UK rates, treaty may reduce | Varies by treaty |
| UK dividends | Generally tax-free for non-residents | None |
| UK bank interest | Generally tax-free for non-residents | None |
| UK salary (UK work days) | Taxed at UK rates | PAYE |
| UK capital gains | Generally tax-free for non-residents (except residential property) | None (property: report via NRCGT) |
If you rent out UK property while living abroad, your letting agent or tenant must withhold 20% of the rent and pay it to HMRC unless you register under the Non-Resident Landlord Scheme and HMRC approves payment of rent without deduction. You must still file a Self Assessment return to report the rental income and claim expenses, even if no tax is ultimately due after deductions.
The UK has anti-avoidance rules designed to prevent people from briefly moving overseas to realize capital gains tax-free and then returning. Under the temporary non-residence rule, if you return to the UK within five years of leaving, certain capital gains realized during your period abroad become taxable in the year you return. This rule applies to assets held before you left the UK, not assets acquired while abroad.
If you remain UK resident or have UK-source taxable income, the following rates apply:
| Band | Income Range (England/Wales/NI) | Rate |
|---|---|---|
| Personal allowance | £0 - £12,570 | 0% |
| Basic rate | £12,571 - £50,270 | 20% |
| Higher rate | £50,271 - £125,140 | 40% |
| Additional rate | £125,140+ | 45% |
Scotland has different income tax bands and rates, with a top rate of 48% on income above £125,140. The personal allowance is reduced by £1 for every £2 of income above £100,000, reaching zero at £125,140.
National Insurance contributions are separate from income tax and are based on where you work, not where you live. If you work abroad, you generally stop paying UK National Insurance unless your employer is UK-based and you are on a temporary posting (up to two years, extendable under certain conditions). Voluntary contributions can maintain your UK state pension entitlement while abroad. For 2025/26, voluntary Class 2 contributions cost £179.40 per year, and Class 3 contributions cost £907.40 per year.
The UK has one of the world's most extensive treaty networks, with over 130 double taxation agreements. Most treaties use the credit method, meaning UK tax is reduced by the foreign tax paid on the same income. Some treaties use the exemption method for certain income types, particularly employment income when you are resident in the other country.
To claim treaty relief, file the appropriate pages of your Self Assessment return (SA106 for foreign income). If you are non-resident and a treaty reduces UK tax on UK-source income, you can apply to HMRC for a directive allowing payment at the reduced treaty rate rather than claiming a refund afterward.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute financial, legal, or tax advice. Always consult with a qualified professional advisor before making financial decisions. Rates, thresholds, and regulations change frequently — verify current figures with official government sources.