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-   -   How long can I visit UK from CH without needing to pay tax (https://www.englishforum.ch/finance-banking-taxation/304413-how-long-can-i-visit-uk-ch-without-needing-pay-tax.html)

oatcakes 03.06.2021 12:19

How long can I visit UK from CH without needing to pay tax
 
Hi

Does anybody know this

I have a Swiss residency/work permit

But I want to visit the UK and want to know how long I can visit without needing to pay UK tax

I plan to work from the UK (for the same Swiss company that I relocated to Switzerland for and I've been working at for the last three years)

Does it make a difference if I take the break as vacation instead of planning to work?

TonyClifton 03.06.2021 12:25

Re: How long can I visit UK from CH without needing to pay tax
 
Quote:

Originally Posted by oatcakes (Post 3313072)
Hi

Does anybody know this

I have a Swiss residency/work permit

But I want to visit the UK and want to know how long I can visit without needing to pay UK tax

I plan to work from the UK (for the same Swiss company that I relocated to Switzerland for and I've been working at for the last three years)

Does it make a difference if I take the break as vacation instead of planning to work?

Rules are quite clear:

Quote:

Work out your residence status
Whether you’re UK resident usually depends on how many days you spend in the UK in the tax year (6 April to 5 April the following year).

You’re automatically resident if either:

you spent 183 or more days in the UK in the tax year
your only home was in the UK - you must have owned, rented or lived in it for at least 91 days in total - and you spent at least 30 days there in the tax year
You’re automatically non-resident if either:

you spent fewer than 16 days in the UK (or 46 days if you have not been classed as UK resident for the 3 previous tax years)
you work 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
https://www.gov.uk/tax-foreign-incom...e%20tax%20year

NotAllThere 03.06.2021 13:30

Re: How long can I visit UK from CH without needing to pay tax
 
Furthermore, if you earn money through working while in the UK, it's highly likely it's taxable there. The location of your employer is irrelevant.

Landers 03.06.2021 14:48

Re: How long can I visit UK from CH without needing to pay tax
 
You can simply google it. It can be quite simple if you meet any of the automatic tests either for resident or non-resident.
Seems you might meet the second automatic overseas test. If you do and you go over 45 days then if you work more than 30 days you have to go on to the slightly more complicated tests.

The Automatic Overseas Test
You would normally be considered a non-UK resident if you meet any one of the following elements of the Automatic Overseas Test:

1 You were considered as a UK resident in one or more of the previous three tax years, but you spend fewer than 16 days in the UK in the current tax year
2 You spend fewer than 46 days in the UK in the tax year AND you were non-UK resident in the preceding three tax years
3 You work full time outside the UK and spend fewer than 91 days in the UK and you work fewer than 31 days in the UK for three hours or less in any given day.

oatcakes 03.06.2021 16:46

Re: How long can I visit UK from CH without needing to pay tax
 
So as a British national, who is employed full time for a Swiss employer, I can go back to the UK....

- And work for up to 30 days

- And the rest of the days should be non-working days (weekends or vacation days)

That's my understanding

Not sure what the gap between 16 and 183 days is about

The number of days mentioned are very specific in number like 46, 91, 183 days

Landers 03.06.2021 17:42

Re: How long can I visit UK from CH without needing to pay tax
 
Quote:

Originally Posted by oatcakes (Post 3313160)
So as a British national, who is employed full time for a Swiss employer, I can go back to the UK....

- And work for up to 30 days

- And the rest of the days should be non-working days (weekends or vacation days)

That's my understanding

Not sure what the gap between 16 and 183 days is about

The number of days mentioned are very specific in number like 46, 91, 183 days

The rules are out there - you need to figure out which apply to you. Read them more than once if neccessary.
30 working days would fall within 45 days, more or less a month and a half.
90 days is more or less three months.
183 is more or less half a year.

If you want to be included in no.3 then yes you can stay 90 days with 30 or fewer working days (I think it should say of 3 hours or more) but even if you don't meet the criteria for no.3 it doesn't automatically make you liable for tax - you then need to go onto the next tests where they count "ties".

bowlie 03.06.2021 17:49

Re: How long can I visit UK from CH without needing to pay tax
 
And be careful. After 6 months out of Switzerland your Swiss permit expires.

oatcakes 05.06.2021 06:08

Re: How long can I visit UK from CH without needing to pay tax
 
i spent ages reading, there are so many caveats

feel stupid but does anyone else come to the same conclusion as me

as in, whatever the case, i can never work for more than 30 days in the uk for my Swiss employer? so I would need to book days off work?

bowlie 05.06.2021 10:09

Re: How long can I visit UK from CH without needing to pay tax
 
Existing laws, rules and regulations were written long before working remotely became common (or even possible).

Before I retired I travelled extensively for my employer. While I was travelling I would continue to do my day job by e-mail (and before that using a proprietary message service). Nothing was ever said that suggested I was working illegally in a foreign country. In a few cases these away trips lasted more than 4 weeks.

I would say that as long as you are in the UK legally, there is nothing wrong with you continuing to do your Swiss job remotely. I’d be more concerned keeping my Swiss status and job.

NotAllThere 05.06.2021 10:16

Re: How long can I visit UK from CH without needing to pay tax
 
Quote:

Originally Posted by oatcakes (Post 3313631)
as in, whatever the case, i can never work for more than 30 days in the uk for my Swiss employer? so I would need to book days off work?

Keep it under the radar are you'll get away with it, but it is tax evasion.

What bowlie said is out of date.

fatmanfilms 05.06.2021 10:17

Re: How long can I visit UK from CH without needing to pay tax
 
Quote:

Originally Posted by oatcakes (Post 3313160)
So as a British national, who is employed full time for a Swiss employer, I can go back to the UK....

- And work for up to 30 days

- And the rest of the days should be non-working days (weekends or vacation days)

That's my understanding

Not sure what the gap between 16 and 183 days is about

The number of days mentioned are very specific in number like 46, 91, 183 days

Those days are relevant if you don't fall into the automatic tests, then connections to the UK are counted.

oatcakes 05.06.2021 13:36

Re: How long can I visit UK from CH without needing to pay tax
 
And now I read quarantine due to coronavirus could count as exceptional circumstance so its not included as a day (10 days quarantine for travelling from Switzerland)!

HickvonFrick 05.06.2021 14:05

Re: How long can I visit UK from CH without needing to pay tax
 
Quote:

Originally Posted by oatcakes (Post 3313703)
And now I read quarantine due to coronavirus could count as exceptional circumstance so its not included as a day (10 days quarantine for travelling from Switzerland)!

In reality I doubt they'll fight many people on residence for 2020-2021 and to a lesser extent 2021-2022


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