HMRC have issued new guidance about how the Statutory Residence Test (SRT) will operate as a result of the COVID-19 pandemic. It is likely to impact taxpayers' ability to move freely to and from the UK and require them to unexpectedly have to remain in the UK for a period of time.

For the purposes of day counting for SRT if you:

  • Are quarantined or advised by a health professional to self-isolate in the UK as a result of the virus.
  • Find yourself in a ‘lockdown’ situation as a result of the virus.
  • Are unable to leave the UK due to the closure of international borders.
  • Are asked by your employer to return to the UK temporarily as a result of the virus.

HMRC consider that the circumstances are 'exceptional' and you can disregard up to 60 days of those spent in the UK as a result of the exceptional circumstances.

Exceptional circumstances normally apply where the individual has no choice about the time they spend in the UK, or in coming back to the UK, and where the situation is beyond their control.

 Examples of exceptional circumstances given by HMRC include:

  • Local or national emergencies, such as civil unrest.
  • Natural disasters.
  • War.
  • A sudden serious or life-threatening illness or injury to an individual.
  • In limited situations, where an individual comes back to the UK to deal with a sudden or life-threatening illness or injury to a spouse, partner or dependent child.

It is anticipated that HMRC may issue further guidance on this in due course as the rules currently only provide for 60 days to be disregarded, which may not be enough given the scale of the pandemic. In addition the guidance issued does not deal with corporate residency issues raised by the crisis.

Links to our guides:

COVID-19: Government support tracker. 

SRT: Statutory Residence Test
What is the statutory residency test? Why is it important and how does it work?

SRT: Statutory Residence Test Toolkit
This is an interactive tool to determine 'At a glance' whether you are UK resident or not in a tax year for 2013/14 onwards.

SRT: Day Counting Toolkit

Residence v non-residence: tax treatment
An overview of the tax treatments dependent upon your residency status.

External Link:

HMRC guidance: SRT and Coronavirus (COVID-19) 

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