UK tax residency · Counting days

Does a transit day count as a day in the UK?

Short answer

Usually not. HMRC doesn’t count a transit day for the statutory residence test if you arrive as a passenger on your way between two other countries, leave the next day as a passenger, and do nothing substantially unrelated to the journey in between. Dinner at an airport hotel is fine; seeing friends or a work meeting isn’t.

When a transit day doesn’t count

A day counts for the statutory residence test if you’re in the UK at midnight. A transit day is the exception: HMRC leaves it out of your day count if, travelling from one country outside the UK to another,

  • you arrive as a passenger,
  • you leave the next day as a passenger, and
  • you don’t do anything substantially unrelated to passing through the UK.

HMRC’s transit day examples

You land the evening before a morning flight on, and… Does the midnight count?
sleep at an airport hotel and have breakfast No
meet friends and go to the theatre Yes
have a 90-minute dinner with your team leader about work Yes
have a chance coffee with a colleague about holidays No

Time at your own UK home, or catching up with friends or family, is substantially unrelated to the journey, so that midnight counts as a day in the UK.

The day you fly on

You leave before midnight, so the second day isn’t a midnight day. HMRC notes it may still count under the deeming rule, which counts days without a midnight past the first 30 in a tax year for some people with UK ties. How that works, and the rest of the test: UK tax residency. To see how many days you have left, use the UK days calculator.

Sources

FlySee counts days; it doesn’t give tax advice. Whether you’re resident is for you and your adviser.

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