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HomeTax & Legal → UK Citizens
Updated April 2026

🇬🇧 UK Expat Tax Guide 2026

The Statutory Residence Test, what income is taxable as a non-resident and the rules on rental income, pensions and crypto. All sourced from HMRC — not blogs, not aggregators.

Source: HMRC RDR3 — Statutory Residence Test (Schedule 45, Finance Act 2013) · GOV.UK — Tax on foreign income. General information only.

The Statutory Residence Test — three sequential tests

Work through these in order. Stop when you have a definitive answer. Do not skip to test 3.

Test 1 — Automatic non-residence

You are automatically non-resident if you spend fewer than 16 days in the UK in the tax year. If you were not UK resident in any of the previous 3 tax years, this threshold rises to 46 days. If this applies — stop here, you are non-resident for that year.

Test 2 — Automatic UK residence

You are automatically UK resident if you spend 183 or more days in the UK, your only home is in the UK, or you work full-time in the UK for 365+ days with no significant break.

Test 3 — Sufficient ties (the one most people don't know)

If neither automatic test applies, HMRC counts your UK ties: family in the UK, a UK home, substantive UK work, 90+ days in the UK in either of the previous 2 years. The more ties you have, the fewer days you can spend in the UK. With 4 ties, you become UK resident with just 31 days in the UK in a tax year.

What counts as a "day" in the UK?

A day is counted if you are present in the UK at midnight. Arriving and leaving on the same day generally does not count. Transit through a UK airport does not count if you do not pass through border control. Up to 60 days can be disregarded due to "exceptional circumstances" beyond your control (illness, natural disaster, national emergency).

Split year treatment

In the year you leave or return to the UK, "split year" rules may apply — meaning you're only taxed as a UK resident for part of the year. There are 8 different cases. This is where professional advice is most valuable. Getting the split year position wrong in either direction is expensive.

What's taxable in the UK when you're non-resident

Source: GOV.UK — Tax on foreign income

Income typeUK taxable?Notes
UK rental incomeYesTaxable regardless of residence. Report via Self Assessment. Non-Resident Landlord Scheme applies.
UK pension incomeUsuallyGenerally taxable in the UK. Double tax treaties with your country of residence may affect this — verify treaty position.
UK employment income (work done in UK)YesIncome from work physically performed in the UK is UK-source and taxable regardless of residency status.
UK property capital gainsYesNon-Resident CGT applies to UK residential and commercial property disposals. Must be reported to HMRC within 60 days of completion.
Self-employment income (work outside UK)NoNot UK-source income. Not subject to UK income tax as a non-resident if work is done entirely outside the UK.
Capital gains on investments / cryptoNo*Non-residents not subject to UK CGT on most assets including cryptocurrency under current rules. *Evolving area — verify.
Foreign employment / business incomeNoForeign income not UK-source. Not taxable in the UK for non-residents.

When you need professional advice

  • You have UK rental income, investments or pension drawdown
  • You have family remaining in the UK or retain a UK property
  • You are in your year of departure or return to the UK
  • You visit the UK frequently for work or family
  • You are a US citizen (FATCA/FBAR adds significant additional complexity)
Find a UK expat tax specialist →

Related tax guides

🇺🇸 US Citizens — FATCA & FBAR 🇦🇺 Australian Citizens — ATO Rules 🇹🇭 Thailand Tax Guide 🇦🇪 UAE Tax Guide 🇵🇹 Portugal Tax Guide 🇸🇬 Singapore Tax Guide
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