How many days in the UK without becoming tax resident?

Fewer than 16 days in a tax year if you were UK resident in any of the last 3 tax years; fewer than 46 if you weren’t. Those are the automatic overseas tests. Count your midnights below to see the days you have left this tax year.

UK days calculator

Add your visits to the UK this tax year (from 6 April). A day counts if you’re in the UK at midnight.

Your marker

The 16- and 46-day tests

The first two automatic overseas tests of the statutory residence test are counts of days:

You were UK resident in the last 3 tax years You’re not UK resident if you spend in the UK
In one or more of them fewer than 16 days in the tax year
In none of them fewer than 46 days in the tax year

Meet one, and you’re not UK resident for that tax year, whatever else applies. A third overseas test is for people who work full-time abroad.

How the days are counted

  • At midnight. A day counts if you’re in the UK at the end of it. Arrive on a Friday and leave on Sunday, and you’ve spent two days: Friday and Saturday.
  • The UK tax year. Days count from 6 April to 5 April; on 6 April the count starts again.
  • The deeming rule. On the 16-day test it can count days without a midnight too: if you were resident in one of the last 3 tax years, have at least 3 UK ties and are here on more than 30 days without a midnight, each such day after the 30th counts.

Worked example

You were UK resident in one of the last 3 tax years, so your marker is fewer than 16. This tax year you visited 1–11 May: 10 midnights (11 May, the day you left, doesn’t count). Arriving again on 1 August, you can stay until 5 August — your 15th day. Stay on 6 August at midnight and that would be day 16.

If you weren’t resident in any of the last 3 tax years, the marker is fewer than 46: the same 10 days leave you 35, and you could stay until 4 September.

Above the markers

Spending 16 or 46 days or more doesn’t make you resident by itself. The automatic UK tests (183 days or more, your only home in the UK, full-time work in the UK) and the sufficient ties test decide then — see UK tax residency rules.

How FlySee counts it

The calculator counts as the FlySee app does: a day is a day you end in the UK, at midnight; the tax year runs from 6 April; under a marker of 16 the 16th day is the one to avoid, so 15 are allowed. On the 16 marker it also counts every day in the UK without a midnight past the first 30 — the deeming rule — as if you have the 3 UK ties it needs, so its count is never late. It doesn’t know about transit days or exceptional circumstances: those days are counted.

UK days allowed: questions and answers.

Which marker applies to me, 16 or 46?

16 if you were UK resident in one or more of the previous 3 tax years; 46 if you weren’t resident in any of them.

Is staying under 16 or 46 days enough to be non-resident?

It meets an automatic overseas test, which settles it for that year. Above those numbers you can still be non-resident — it then depends on the automatic UK tests and your ties — but the day count alone no longer settles it.

Do the days I arrive and leave count?

The day you arrive counts if you stay the night; the day you leave doesn’t, because you’re not in the UK at midnight. Past 30 such days without a midnight, the deeming rule can count them if it applies to you.

What happens on 6 April?

A new tax year starts and the count starts again from zero.

Sources

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

Track it in FlySee

Track days in every country and know the date you can stay until. Coming soon to iPhone.

  • Counts your UK days at midnight against your marker: 16, 46 or 183
  • Shows how many days are left this tax year, and the date you can stay until
  • Counts days without a midnight past 30 on the 16 marker (the deeming rule)
  • Exports your days by country as PDF, Excel or CSV for your accountant
Coming soon to the App Store
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