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

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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
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 3 years ago.


Thanks Rachel,

 

There's no rush.

 

Best wishes

 

Andy

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: 13699
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 3 years ago.

Thank you Sam

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Hi Andy

 

You are very welcome

 

Thanks


Sam

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