Expat Compass · Tax Briefing

HMRC Split-Year Treatment — Briefing

Plain-English explanation of split-year cases, obligations, and what to give your tax adviser.

📄 3 pages · adviser-ready 🗓️ Updated January 2025 📖 HMRC RDR3 / SA109 guidance ⚠️ Educational only — not tax advice

1. What is Split-Year Treatment?

In the tax year you leave (or arrive in) the UK, you may be treated as UK-resident for only part of that tax year. This is called split-year treatment. It means you only pay UK Income Tax on foreign income arising in the UK part of the year.

Split-year treatment is not automatic — you must claim it on your Self Assessment return using supplementary pages SA109 (Residence, remittance basis etc.).

The Statutory Residency Test (SRT) determines whether you are UK resident in a given tax year. Split-year only applies if you are UK resident in the relevant year under the SRT. Use HMRC's RDR3 guidance or our Split-Year Planner to confirm.

The three scenarios where split-year applies

Split-year can apply when leaving the UK (Cases 1–8) or arriving in the UK. This guide covers the three cases that apply to most UK expats leaving to live abroad:

2. The Three Key Cases for Departing Expats

CASE 3

Leaving the UK to work full-time overseas

Who it applies to: You leave the UK to take up full-time employment abroad. You work at least 35 hours/week overseas and spend fewer than 91 UK days in the year of departure (with no more than 30 working days in UK).

UK part (before departure)

  • All UK and foreign income taxed in UK
  • UK tax rules apply in full
  • Any capital gains in this period: UK CGT applies

Overseas part (after departure)

  • UK employment income: still taxed in UK
  • Foreign employment income: no UK Income Tax
  • UK savings/rental/pension: UK tax still applies

Key condition: The overseas work must be full-time and not combined with significant UK duties. "Full-time" means an average of 35 hours per week overseas (averaged over a 365-day "overseas work period").

SA109 boxes: Box 13 (Case 3 split year), Box 14 (start of overseas part), Box 6 (non-resident employment income).

CASE 4

Your partner goes abroad to work full-time, and you follow

Who it applies to: Your spouse/civil partner or cohabiting partner leaves the UK to work full-time abroad (Case 3 applies to them), and you leave to join them during the same or following tax year. You have no significant UK ties once you leave.

UK part (before you leave)

  • All your income taxed in UK
  • Full UK personal allowance applies

Overseas part (after you leave)

  • Foreign income: no UK tax
  • UK-source income still taxed in UK
  • You must meet the "accompanying" conditions

Key condition: You must not be in full-time work yourself, and your reason for going abroad must be to accompany or join your partner. You must spend fewer than 91 days in the UK in the year of departure.

SA109 boxes: Box 13 (Case 4 split year), Box 14 (start of overseas part).

CASE 8

Leaving the UK to live abroad (retiring or relocating)

Who it applies to: You leave the UK to live abroad — not specifically to work — and you have no home in the UK after leaving. This is the most common case for expats who retire abroad or relocate for lifestyle reasons.

UK part (before departure)

  • All worldwide income taxed in UK as normal
  • UK personal allowance applies
  • CGT on UK assets applies

Overseas part (after departure)

  • Foreign income: no UK Income Tax
  • UK pension income: still taxed in UK (unless DTA relief)
  • UK rental income: still taxed in UK
  • UK savings interest: still taxed in UK

Key condition: You must cease to have a UK home after departure. You must spend fewer than 16 UK days in the rest of the tax year after leaving (if you had a UK home). After 5 April, normal non-resident SRT day counting applies.

SA109 boxes: Box 13 (Case 8 split year), Box 14 (start of overseas part), Boxes 22–26 (UK income as non-resident).

3. How Different Income Types Are Treated

Income typeUK part of yearOverseas part (non-UK resident)Notes
UK employment incomeUK Income TaxUK Income TaxUK PAYE always applies to UK employment, regardless of residence
Foreign employment incomeUK Income TaxExempt (split year)In overseas part, foreign earned income is outside UK tax scope
UK State PensionUK Income TaxUK Income TaxAlways taxed in UK. DTA may give exclusive taxation rights to destination
UK occupational pensionUK Income TaxUsually UK taxCheck DTA — some countries have sole-taxing rights over pension paid to residents
UK rental incomeUK Income TaxUK Income TaxNRLS deduction applies unless HMRC approval. File SA105.
UK bank interestUK Income TaxUK Income TaxTaxed in UK. Personal savings allowance still applies.
UK dividendsUK Income TaxUsually UK taxMost DTAs preserve UK right to tax dividends (often at reduced rate)
Foreign dividends / interestUK Income TaxExempt (split year)In overseas part, foreign investment income is outside scope
ISA incomeTax-freeTax-free (existing ISAs)Cannot contribute new money to ISA as non-resident
Capital gains — UK propertyUK CGTUK CGT appliesNon-residents must report UK residential property CGT within 60 days
Capital gains — other UK assetsUK CGTExempt (if sold as non-resident)HMRC temporary non-residence rules: if you return within 5 years, gains may be reassessed

4. Your Obligations — A Checklist

Before departure

Complete HMRC form P85 "Leaving the UK and tax". Notify all UK pension providers of overseas address. Consider timing of asset disposals (before vs after departure for CGT purposes).

Year of departure — file Self Assessment

File SA100 (main form) + SA109 (residence) by 31 January following the tax year end. Claim split-year relief in Box 13. Enter departure date in Box 14.

SA109 — Key boxes to complete

Box 6: Non-resident foreign income · Box 13: Split-year case number · Box 14: Date overseas part begins · Box 15: UK days in overseas part · Box 16: UK days in SRT tie-breaker year.

Non-Resident Landlord Scheme (if letting UK property)

Apply using form NRL1 to receive rent gross (agent pays rent without withholding tax). HMRC will adjust your tax code or assess via SA. File SA105 for rental income each year.

UK property CGT (if selling UK residential property)

Must report within 60 days of completion using the UK Property Return (HMRC online). This is separate from your annual SA return.

Annual tax return (each year non-resident)

File SA100 + SA109 annually if you have UK-source income. Most common: rental, pension, dividends. Keep travel diary (UK night counts) contemporaneously.

5-year temporary non-residence rule — warning

If you return to UK within 5 tax years, HMRC can reassess gains made on non-UK assets during the overseas period. Keep records and seek advice before returning.

5. Adviser Handover Notes

Complete this section and hand to your UK tax adviser along with this briefing:

Taxpayer name
UTR (Unique Taxpayer Reference)
NI Number
Departure date
Tax year of departure
Destination country
DTA with UK?
Split-year case (if known)
UK income sources after departure
UK property owned?
Estimated UK days in year of departure
Key concerns / questions for adviser
Important: This briefing is educational and does not constitute tax advice. HMRC rules change regularly. Always verify with the current HMRC RDR3 guidance. Consider engaging an FCA-regulated tax adviser for personalised guidance. Key references: HMRC RDR3 (SRT), HMRC 6 (Residents and non-residents), SA109 notes.

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