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Statutory residence test and UK day counter

The statutory residence test decides whether you are UK resident for tax in each tax year. At 183 UK days you are resident; below that, work, homes and UK ties can still make you resident.

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Count UK midnights below, then check the other conditions. The counter uses the 2026-27 tax year, from 6 April 2026 to 5 April 2027 (HMRC, 2026-27 rules).

UK visit 1

Last updated: 25 October 2026.

What order should I use for the statutory residence test?

Each tax year is assessed separately. At 183 days or more in the UK, you meet the first automatic UK test. Below that, check the automatic overseas tests first, then the automatic UK tests. If neither settles residence, use the sufficient ties test. If you meet no UK residence test, you are non-resident.

The 183 day rule is not a safe limit for visitors: you can be UK resident with fewer days. The day counter above counts midnights; it does not assess your homes, work or ties.

When do the automatic overseas tests make me non-resident?

TestConditions
Previous UK residentUK resident in at least one of the previous 3 tax years and fewer than 16 UK days this year.
No recent UK residenceNot UK resident in any of the previous 3 tax years and fewer than 46 UK days this year.
Full-time work overseasWork full-time overseas throughout the tax year, spend fewer than 91 days in the UK and have fewer than 31 UK workdays of more than 3 hours. There must be no significant break from overseas work.

For the overseas work test, a break of 31 days or more is significant. This test does not apply to voluntary workers or people whose job is on board a vehicle, aircraft or ship.

When do the automatic UK tests make me resident?

TestConditions
UK daysSpend 183 days or more in the UK in the tax year.
UK homeHave a UK home for a period of 91 consecutive days, at least 30 of them in the tax year. Be present in that home on at least 30 days in the year. Have no overseas home or spend fewer than 30 days in it.
Full-time UK workWork full-time in the UK over a 365-day period that falls wholly or partly in the tax year. More than 75% of days with over 3 hours of work must be UK workdays, including at least one such day in the tax year.

These are the main day, home and work tests. Use HMRC’s RDR3 guidance for the full conditions.

How does the sufficient ties test work for leavers?

Use Table A if you were UK resident in at least one of the previous 3 tax years. The ties are family, accommodation, work, the 90-day tie and the country tie. HMRC defines each tie; having a connection to the UK does not by itself settle whether a tie exists.

UK days in the tax yearTies needed for UK residence
16 to 45At least 4
46 to 90At least 3
91 to 120At least 2
Over 120At least 1

Source: HMRC RDR3 Table A, 11 June 2026. Apply this table only after checking the automatic tests.

How does the sufficient ties test work for arrivers?

Use Table B if you were not UK resident in any of the previous 3 tax years. Check family, accommodation, work and the 90-day tie. The country tie does not apply to this group.

UK days in the tax yearTies needed for UK residence
46 to 90All 4
91 to 120At least 3
Over 120At least 2

Source: HMRC RDR3 Table B, 11 June 2026. At 183 UK days, the automatic UK test already makes you resident.

Which days count as UK days?

A day normally counts if you are in the UK at midnight. A transit day can be left out when you arrive as a passenger on a through ticket between non-UK countries, leave the next day and do nothing substantially unrelated to the journey.

The deeming rule can add days without a UK midnight. It applies if you were UK resident in at least one of the previous 3 tax years, have at least 3 UK ties and are present on more than 30 qualifying days without being here at midnight. Days after the first 30 count as UK days.

Keep travel dates and work records together. The counter does not apply transit, exceptional-circumstance or deeming adjustments.

Can exceptional circumstances remove up to 60 UK days?

Up to 60 days in a tax year may be ignored because of exceptional circumstances. That is a maximum across all events, not an annual allowance. Whether a day qualifies depends on your circumstances and the choices available to you.

The adjustment can affect the main day limits and sufficient ties tables. Check the specific test before excluding a day: the counter does not decide whether exceptional circumstances apply.

What are the 8 split-year cases?

Split-year treatment divides a UK-resident tax year into UK and overseas parts for most tax purposes. It applies automatically when all conditions are met. Cases 1 to 3 concern leaving; Cases 4 to 8 concern arriving.

CaseMain situation
1Start full-time work overseas.
2Join a partner who starts full-time work overseas under Case 1.
3Cease to have a UK home.
4Start to have a UK-only home.
5Start full-time work in the UK.
6Stop full-time work overseas.
7Join a partner returning after full-time work overseas.
8Start to have a UK home and keep it through the next tax year.

Each case has further conditions. For example, Case 3 requires fewer than 16 UK days after the UK home ends and a link to a particular overseas country within 6 months. For leavers, Case 1 takes priority over Cases 2 and 3; Case 2 takes priority over Case 3.

Use the SA109 and split-year guide to report the result. The P85 form guide explains the separate route for employment tax refunds.

What if I return to the UK after leaving?

Temporary non-residence rules can tax some income and gains on return after an absence of 5 years or less, where you were UK resident in 4 of the previous 7 tax years. An absence of more than 5 years falls outside these rules.

The rules can cover certain pension payments, lump sums, company dividends and gains. Read the UK exit tax guide and keep your departure records with the moving abroad checklist.

What else do readers ask?

How many UK days make me tax resident?

At least 183 UK days in a tax year meets the first automatic UK test. Fewer days can still lead to residence under the other tests.

Is the 183 day rule enough to avoid UK tax residence?

No. Below that limit, overseas tests, UK homes and work tests or sufficient ties decide residence.

Does the residence day counter assess sufficient ties?

No. It counts midnights under its stated assumptions. Assess the ties and the other conditions separately.

Is split-year treatment optional?

No. It applies automatically to a UK-resident tax year when the conditions of a split-year case are met.

P85 reporting to HMRC. Moving abroad checklist. Pensions and savings abroad.

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