Bye bye NOR... Hello OWR!

People who have come to the UK to work and who travel a lot have known about the concept of Non Ordinary Residence (NOR) as it has allowed them to benefit from significant tax savings. Under that status, one would only pay income tax on income related to UK work as long as foreign income was kept overseas.

The concept of ordinary residence is no more however. It was withdrawn in the last budget with effect from tax year 2013-2014. That's the bad news. The good news however is that it was replaced by the concept of Overseas Workday Relief (OWR). This is one is statutory. The main difference between the 2 is that one cannot benefit from OWR if domiciled (which was not the case with NOR).

The new Statutory Residency Test (SRT)

Currently it can be very difficult to know for sure if one is UK resident or not. The uncertainty has been the reason there has been so many tax cases on that subject, often with a surprising outcome. We have heard about the new Statutory Residency Test (SRT) for a few years now and it looks like it's going to happen next year at last. As a reminder, here is a summary of the current situation today:

If you are not UK resident, you will become UK resident if either applies:

• You are physically present for 183 days or more in a tax year
• You have visited the UK for an average of 91 days per annum over 4 consecutive tax years (you will then be regarded as resident from the beginning of the 5th year)

UK expats at risk of being caught by residency test changes

As the British government seeks ways of supplementing its tax take, the British residency test will be changing from April 2012. If you are a British citizen who’s working in Dubai, Hong Kong or Singapore because you want to pay less tax, this could be a big issue. The new rules are very complex but in a nutshell, you could put yourself at risk if you visit the UK for more than 10 days per year. Coming back to the UK for more than that makes you fall into the connections tests and at risk of being classified as UK resident.

These connections tests look at various things, including whether you still have a house in the UK, whether your family are based in the UK and whether you have financial ties to the UK. Although children at boarding school are not counted as being ‘family in the UK’ during term time, they will count as ‘family in the UK’ if they remain in the country staying with grandparents or friends during school holidays. Equally, when the new rules come into effect in April, there will be a look back over three years at people’s previous visits and connections.

Should I pay taxes in France or the UK?

A lot of French people live in the UK, up to 200,000 in London alone. And yet when it comes to taxes, information is scarce. If you have assets or revenue outside of the UK, some tax maybe due in France or in the UK depending on the asset class. This article tries to explain the rules, some driven by the tax treaty and some by residency. Indeed, the UK residency concept is more complex than the French one: you can be resident and non-ordinarily resident, or resident, ordinarily resident and non-domiciled. And if non-domiciled, again you have the option of being on a remittance basis or on an arising basis.

Residence and Domicile

Those 2 concepts are different in the UK and independent from one another. If you spend more than 90 days in a fiscal year in the UK you become resident. And if you come to the UK with the intention to stay less than 3 years you can get a status of non-ordinarily resident (NOR). That allows you to only pay tax prorated by the time spent in the UK. You have to be careful however to act in a way consistent with that intent. In other words, if you buy a flat, HMRC would consider that your intent is to stay longer than 3 years and they would invalidate the non-ordinarily status.