Shipping is only one part of a move abroad
People moving abroad from the UK often plan shipping, customs and visas well before they think about tax. This article summarises two GOV.UK guides published by HM Revenue and Customs (HMRC): “Tax on foreign income” (the section on UK residence and tax) and “Tax on your UK income if you live abroad”. The rules concern UK tax across the United Kingdom. This is a summary of official guidance, not tax advice, and the guides themselves point to the Statutory Residence Test guidance and professional help for individual cases. For the shipping side of a move, see Moving Abroad From the UK: How to Plan Shipping and Customs Research.
Residence status decides what is taxed
GOV.UK explains that a person’s UK residence status affects whether they pay UK tax on foreign income. Non-residents only pay tax on their UK income, and residents normally pay UK tax on all their income, whether from the UK or abroad. Status usually depends on the days spent in the UK in a tax year, which runs from 6 April to 5 April. A person is UK resident only if both of the following apply: they meet one or more of the automatic UK tests or the sufficient ties test, and they do not meet any of the automatic overseas tests.
The tests as GOV.UK describes them
- Automatic UK tests. These include spending 183 or more days in the UK in the tax year; having had the only home in the UK for 91 days or more in a row, and visiting or staying in it for at least 30 days of the year; and working full-time in the UK for any period of 365 days, at least one day of which is in the tax year being checked.
- Sufficient ties test. A person who spends a number of days in the UK and has further ties to the UK, such as work or family, may be resident under this test.
- Automatic overseas tests. A person is usually non-resident if they spent fewer than 16 days in the UK (or 46 days if they have not been a UK resident for the three previous tax years), or if they worked abroad full-time, averaging at least 35 hours a week, while spending fewer than 91 days in the UK, no more than 30 of which were spent working.
GOV.UK offers a residence status checker that gives an indication of status for the current tax year or any of the previous six, and it says status can change from year to year, for example if a person spends more or less time in the UK, buys or sells a home in the UK, changes job, or if family members move in or out of the UK.
Split-year treatment
When a person moves in or out of the UK, GOV.UK says the tax year is usually split in two, into a non-resident part and a resident part, so UK tax on foreign income is based on the time living in the UK. This is called split-year treatment. The page says it is not available to someone who lives abroad for less than a full tax year before returning to the UK, and that other conditions apply. It points to HMRC guidance on split years under the Statutory Residence Test and says HMRC can be contacted to check which “case” applies for the Self Assessment return.
Tax on UK income after leaving
The second guide says that people usually have to pay tax on UK income even if they are not UK resident, with income including pensions, rental income, savings interest and wages. If the country of residence taxes the same income and has a double-taxation agreement with the UK, relief can be claimed in the UK to avoid being taxed twice. GOV.UK adds that people do not normally pay tax on selling an asset, apart from on UK property or land, and that non-residents do not usually pay UK tax on the State Pension or interest from UK government securities. For UK employment while living abroad, tax is calculated automatically on the days worked in the UK.
Reporting to HMRC
GOV.UK says a Self Assessment return is usually needed for someone living abroad who rents out UK property, works for themselves in the UK, has taxable savings interest from UK banks or building societies, has a pension outside the UK and was UK resident in one of the five previous tax years, or has other untaxed UK income. Non-residents cannot use HMRC’s online services to report income. They must send a return with an SA109 form by post, use commercial software that supports SA109 reporting, or have a tax professional report it. The guide warns of fines for missing the deadline and says the deadline is earlier for postal returns, 31 October.
Capital gains
The residence guide states that residence status for capital gains is worked out the same way as for income. Non-residents usually pay Capital Gains Tax only on UK property or land, or if they return to the UK.
The bottom line
GOV.UK ties UK tax residence to days spent in the UK and to a set of automatic and ties-based tests, applied tax year by tax year, with split-year treatment available in some cases when moving in or out of the UK. Leaving does not end UK tax on UK income, and non-residents with UK rental, self-employment, savings or other untaxed income usually have to file a Self Assessment return with an SA109 form, outside HMRC’s online services, with a 31 October deadline for postal returns. Because the tests turn on dates, the planned departure date and the days spent back in the UK are worth setting out before any removal date is fixed.