How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Sam Your Own Question

Sam
Sam, Accountant
Category: UK Tax
Satisfied Customers: 12856
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
16196420
Type Your UK Tax Question Here...
Sam is online now
A new question is answered every 9 seconds

Hi Sam, Ill be working outside the UK for the full tax

Resolved Question:

Hi Sam,

I'll be working outside the UK for the full tax year 2013-2014. I know there is a new SRT and I think I'll be covered under the 3rd automatic resdience test. My only concern is that I was think of taking my annual leave in October for approx 35 days. Would this be classed as a significant break from work? I called up HMRC and the person I spoke with didn't seem too sure and the phone connection was quite poor. My average hours over the full tax year will be well over 35hrs a week and more like 50+. I'll only be in the UK for about 60 days during this tax year.

This is the quote from the HMRC website..."2.21 You will have a significant break from overseas work if at least 31 days go by and not one of those days is a day on which you:

work for more than three hours overseas, or

would have worked for more than three hours overseas but you do not do so because you are on annual leave, sick leave or parenting leave. "

From reading this I think a should be OK as my break is annual leave but the negative wording from HMRC has made my slightly unsure.

Can you help and give me a 100% conclusive answer Sam.

Cheers

A
Submitted: 1 year ago.
Category: UK Tax
Expert:  Rachel-Mod replied 1 year ago.
Hello,
I'm Rachel, and I’m a moderator for this topic. I sent your requested professional a message to follow up with you here, when they are back online. 
If I can help further, please let me know. Thank you for your continued patience.
Best,
Rachel 
Customer: replied 1 year ago.


Thanks Rachel,

 

There's no rush.

 

Best wishes

 

Andy

Expert:  Sam replied 1 year ago.

Hi Andy

 

You have read it right, as the break is due to annual leave it does not fall into being one treated as a significant break.

 

So you can have that 35 days leave - and as your total leave back in the UK is less than 91 days, under the automatic test . then you will be treated as not resident for the 2013/2014 tax year.

 

Thanks

 

Sam

Sam, Accountant
Category: UK Tax
Satisfied Customers: 12856
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
Sam and 2 other UK Tax Specialists are ready to help you
Customer: replied 1 year ago.

Thank you Sam

Attachments are only available to registered users.

Register Here

Attachments are only available to registered users.

Register Here

Attachments are only available to registered users.

Register Here
View Full Image

Attachments are only available to registered users.

Register Here

Expert:  Sam replied 1 year ago.

Hi Andy

 

You are very welcome

 

Thanks


Sam

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Andrew Baker(baktax)

    Personal Tax Adviser

    Satisfied Customers:

    756
    35+ years experience in income tax, CGT, non-residence
< Last | Next >
  • http://ww2.justanswer.com/uploads/baktax/2009-7-15_202414_Frame.jpg Andrew Baker(baktax)'s Avatar

    Andrew Baker(baktax)

    Personal Tax Adviser

    Satisfied Customers:

    756
    35+ years experience in income tax, CGT, non-residence
  • http://ww2.justanswer.com/uploads/teap007/2009-01-10_145815_bill_justanswer_for_profile.jpg TEAP007's Avatar

    TEAP007

    Tax Preparer

    Satisfied Customers:

    754
    Fully Trained Inspector of Taxes / District Inspector/ Team Leader/ Offshore Consultant/ 41 years
  • http://ww2.justanswer.com/uploads/BE/berduchwal/2011-6-7_84817_pict0854.64x64.jpg berduchwal's Avatar

    berduchwal

    Accountant

    Satisfied Customers:

    669
    Qualified accountant and bookkeeper running my own practice since 2008.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    61
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/RO/Ronaann/2012-3-19_23343_SSL22629.64x64.JPG Mrs-Tax's Avatar

    Mrs-Tax

    Tax Adviser

    Satisfied Customers:

    59
    Law Degree, 19 years in UK Tax.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    48
    Exposure to general tax issues
  • http://ww2.justanswer.com/uploads/struppiaml/2009-10-9_95150_anthony_business_002.jpg AnthonyL's Avatar

    AnthonyL

    Tax Adviser

    Satisfied Customers:

    19
    ATT, ATII, 12 years tax experience