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A new form of test

22 October 2013 / Malcolm Finney
Issue: 4425 / Categories: Comment & Analysis , Residence & domicile

Walking through the new P85 of statutory residence questions

KEY POINTS

  • There is a new form P85 – ensure that the correct one is used.
  • Important implications follow from the answers; subsequent amendment could be problematic.
  • The replies to the questions should form a logical overall picture.
  • Some questions are explicit others are ill-defined.
  • Ensure that the replies to the P85 questions are fully understood.

On 12 September 2013 HMRC released a further revised form P85 (HMRC 09/13 “Leaving the UK”) stating: “The form has been further revised to take account of changes in residence rules [the statutory residence test – SRT] effective from 6 April 2013.”

This supersedes the earlier version released six months ago on 11 April 2013 (form P85 HMRC 02/13 “Leaving the UK”) which itself superseded form P85 HMRC 02/11 (the pre-SRT...

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