The 5-year rule, or Temporary Non-Residence (TNR) rule, dictates that if an individual leaves the UK, becomes non-resident, and returns within five years, they may be taxed on certain income and capital gains realized during their absence. This applies if they were a UK resident for at least 4 of the 7 years before leaving.
You're usually non-resident if either: you spent fewer than 16 days in the UK (or 46 days if you have not been a UK resident for the 3 previous tax years) you worked abroad full-time (averaging at least 35 hours a week), and spent fewer than 91 days in the UK, of which no more than 30 were spent working.
To avoid the UK's 60% tax trap (an effective 60% rate on income between £100k-£125k), the key is to reduce your adjusted net income back below £100,000 by making tax-efficient contributions, primarily via pension contributions, which reclaim your full £12,570 Personal Allowance, and also through salary sacrifice for benefits like childcare or cycle-to-work, and Gift Aid donations to charity.
You may have to pay tax on certain income or gains made while you were non-resident. This doesn't include wages or other employment income. These rules (called 'temporary non-residence') apply if both: you return to the UK within 5 years of moving abroad (or 5 full tax years if you left the UK before 6 April 2013)
Upon returning to the UK, it's essential to update your tax status with HMRC to reflect any changes in your tax obligations, especially if you have income from foreign sources.
Are you the one who is planning to move abroad and wondering 'Can HMRC chase me abroad' once you are moved? Far and wide, it has been observed as a common fear amongst people. Well, the answer is yes, HMRC can approach you wherever you are liable to pay the tax bills.
You cannot use HMRC 's online services to tell them about your income if you're non-resident. Instead, you must do one of the following: fill in a Self Assessment tax return and an SA109 form and send by post.
Whilst the introduction of an exit tax remains speculative, given ongoing fiscal pressures and policy trends it remains credible. Even if an exit tax is not introduced, it is likely there will be further tax increases that will hit business owners, which have been explored in our other Budget prediction articles.
HMRC's investigations can only go back a certain amount of time based on how serious the situation is, as outlined in the table below: Genuine mistakes - investigate back 4 years. Carelessness - investigate back 6 years. Offshore matters/offshore transfers - investigate back 12 years.
Family visas
If you're in the UK on a family visa, you need to live in the UK for 5 years to apply for indefinite leave to remain. We don't expect this to change to 10 years after the rules change. You can check the rules for applying for indefinite leave to remain.
Where to live if you want to minimise tax
Yes, £100k is a very good salary in the UK, placing you in the top 5% of earners and allowing for a comfortable lifestyle, though its real value depends heavily on location (especially London vs. rest of UK) and personal responsibilities like family and mortgage, as high taxes (including the "60% tax trap") and living costs can significantly impact disposable income.
You can live abroad and still be a UK resident for tax, for example if you visit the UK for more than 183 days in a tax year. Pay tax on your income and profits from selling assets (such as shares) in the normal way. You usually have to pay tax on your income from outside the UK as well.
Automatic residence: the 183-day test
You will be automatically tax resident in the United Kingdom if you are present in the United Kingdom for 183 or more days in a financial year. A financial year runs from 6 April in one calendar year to 5 April in the next calendar year, for example 6 April 2023 to 5 April 2024.
The most common trigger for an investigation is submitting incorrect figures on a tax return - so it's worth asking an accountant to offer professional advice about your accounts and check over your tax returns before you send them.
You may have asked yourself, “Can HMRC chase me abroad?”, and it's a common fear for expats far and wide. Technically, yes they can. In 2019, HMRC wrote to 1700 freelancers, threatening them with heavy fines if they didn't declare their tax avoidance by 5th April.
Without evidence of fraud or other criminal activity, the IRS will typically assume you have made an honest mistake on your returns. That's about the extent of the agency's willingness to forgive, however, as even unintentional mistakes can result in a 20 percent penalty to the taxpayer.
Quick answer: UK income tax rates (20-45% across 3 brackets) appear higher than US federal rates (10-37% across 7 brackets), but many US states add 5-13% state income tax on top. The UK offers a £12,570 personal allowance vs US $14,600 standard deduction (single) or $29,200 (married filing jointly) for 2025.
Beating the 60% tax trap: top up your pension
One of the simplest ways to avoid the 60% income tax trap is to pay more into your pension. This is a win-win, because you reduce your tax bill and boost your retirement fund at the same time. Here's an example. You get a £1,000 bonus, which takes your income to £101,000.
You may have to pay tax when you sell (or 'dispose of') your UK home if you're not UK resident for tax purposes. Even if you have no tax to pay, you must tell HMRC you've sold the property within 60 days of transferring ownership (conveyancing).
If the return has not been filed within three months of the deadline, a further daily penalty of £10 per day is charged. This goes up to a maximum of £900. If the return has not been filed within six months of the deadline, another penalty of £300 or 5% of the tax owing is charged.
If you're not UK resident, you will not have to pay UK tax on your foreign income. If you are UK resident, you'll normally pay tax on your foreign income. You may not have to if you're eligible for Foreign Income and Gains relief.
46 Days - If you spend less than 46 days in the UK in any year, you will maintain your non resident status (provided you have not been classed as a UK resident for the previous 3 tax years. If you have had non resident status for less than this, you must spend less than 16 days in the UK).