Ukraine conflict: the effect on statutory residence
HMRC has updated its guidance to confirm that non-UK resident individuals returning to the UK from Russia, Belarus or Ukraine can disregard UK days due to exceptional circumstances. How might this affect the tax position?
Advice from the Foreign & Commonwealth Office (FCO) is against all travel to Russia, Belarus and Ukraine. In response, HMRC has updated its guidance to clarify that individuals returning to the UK from these territories would qualify for days spent in the UK to be disregarded due to exceptional circumstances under the statutory residence test (SRT). In practice, this means that more time can be spent in the UK than usual without becoming UK resident, due to the exceptional circumstances. However, the legislation caps the number of disregarded days at 60, regardless of the time those territories remain on the FCO’s no travel list.
In our opinion, we are unlikely to see any change to the 60-day limit, as the government did not extend this for those stuck in the UK due to coronavirus. Being brought into the UK tax net could be huge for those affected with potential knock-on effects such as those relying on temporary non-resident rules paying tax on prior year capital gains through no fault of their own. Anyone who has recently returned to the UK should check their likely residence position using the SRT, and seek advice accordingly.
Related Topics
-
Alternative education providers can protect VAT refund claims
HMRC has confirmed that some alternative providers of higher and further education can submit VAT refund claims following a Court of Appeal ruling, despite HMRC appealing the decision to the Supreme Court. What do you need to know?
-
Old IHT forms will be rejected
HMRC has stopped processing old versions of the Inheritance Tax IHT100 forms from 31 August 2026. Anyone reporting an IHT chargeable event involving a gift or trust will need to make sure they are using the correct forms. What do you need to know?
-
The tax incentive to do a thorough stock-take
The annual stock-take isn’t exactly your favourite thing to do. You know resources could be better spent elsewhere so you try to get through it as quickly as possible. Why might it be worth a little more of your time?



This website uses both its own and third-party cookies to analyze our services and navigation on our website in order to improve its contents (analytical purposes: measure visits and sources of web traffic). The legal basis is the consent of the user, except in the case of basic cookies, which are essential to navigate this website.