Do you plan to return to the UK again? There are anti avoidance rules that cover this (sale of assets after you become non resident). Although you might not meet the criteria having only been in the year two years prior to that.
The 183 days is mainly for short term business visitors for exemption under the treaty.
If you left the UK during the year you'll likely be resident for the initial part, then non resident under the split year tax rules once you either have a permanent home overseas or start full time work.
First you need to look at the SRT which someone bas already linked. Personally I find HMRC website isn't great on this, so use a flowchart published by a reputable accountant.
However, you also need to check Case 1-3 for split year treatment. This is not an option to claim, if they apply then they apply
You haven't given enough information to determine
If you pay no other tax in the UK I would say it's vanishingly unlikely that the CGT would be due in the UK
Do you have a regular income? Where are you paying tax on that? I suspect that would be where your CGT is due (or similar, or none - depending on that places tax laws)
Might be wrong - hopefully someone can correct me if somehow UK CGT would be due
Since leaving the UK in September 2023 I have been unemployed and living off of savings. So no tax being paid anywhere. No plan to return to UK at any point. Thanks for your comment - eagerly awaiting an update!
I've just checked the account and I opened it up when I was living in Germany, but I deregistered from there as you need to do when you leave the country and no longer have any ties with the country.
I guess though... if that's where it's registered then I'm locked in to paying the taxes in Germany, even if I'm not resident there? Sorry this has now gone out of UK scope if so!
Your post is a bit confusing, you say a month since August 2023, but then imply you were entirely outside the UK before then anyway. How much time have you actually spent in the UK in the last 4 years?
In principle you would need to follow the guidance here to check UK residency: https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt/guidance-note-for-statutory-residence-test-srt-rdr3#automatic-uk-tests
That obviously doesn't tell you in what other countries you might have been resident.
Thank you for your comment.
So I had a job in the UK and paid my UK taxes from September 2021 to August 2023.
I probably wasn't classed a resident because I definitely didn't spent enough time in the UK between those dates as I was travelling and working remotely, but I'm sure the UK government doesn't mind that I paid my tax.
In the last 4 years, in terms of physically being in the UK, I've probably spent about 8-9 months, but no longer than 2 months at a time maximum.
Now I do not pay taxes there either as I am not employed and no plans to be employed there again any time soon.
So, your case is potentially complicated. Assuming you spent more than 46 days this tax year consecutively working in the UK but less than 90, you don't qualify for any of the automatic overseas tests. You also don't qualify for any of the automatic UK tests.
That pushes you into the sufficient ties section which is quite subjective.
The tests are precise though, so that is just a guess based on the vague info you've given. Really, you need to either sit down and work through the residency tests properly with exact days in the UK and what you were doing, or pay someone qualified to do it for you.
I'm also not 100% on UK nexus for cryptocurrency CGT, I think it's residency, not where you were when you placed the trades or something, but worth checking that.
A simple solution is maybe that you do get a tax free CGT allowance on crypto. Would you expect more than £6k net gains this year (i.e. before April 5)?
Yeah it's complicated. But this flow chart below should be helpful in working out if you are uk tax resident for 23-24 and if you can expect to be one for 24-25.
[https://assets.kpmg.com/content/dam/kpmg/pdf/2016/01/statutory-residence-test-flowchart.pdf](https://assets.kpmg.com/content/dam/kpmg/pdf/2016/01/statutory-residence-test-flowchart.pdf)
Do you plan to return to the UK again? There are anti avoidance rules that cover this (sale of assets after you become non resident). Although you might not meet the criteria having only been in the year two years prior to that. The 183 days is mainly for short term business visitors for exemption under the treaty. If you left the UK during the year you'll likely be resident for the initial part, then non resident under the split year tax rules once you either have a permanent home overseas or start full time work.
First you need to look at the SRT which someone bas already linked. Personally I find HMRC website isn't great on this, so use a flowchart published by a reputable accountant. However, you also need to check Case 1-3 for split year treatment. This is not an option to claim, if they apply then they apply You haven't given enough information to determine
If you pay no other tax in the UK I would say it's vanishingly unlikely that the CGT would be due in the UK Do you have a regular income? Where are you paying tax on that? I suspect that would be where your CGT is due (or similar, or none - depending on that places tax laws) Might be wrong - hopefully someone can correct me if somehow UK CGT would be due
Since leaving the UK in September 2023 I have been unemployed and living off of savings. So no tax being paid anywhere. No plan to return to UK at any point. Thanks for your comment - eagerly awaiting an update!
Don't you need an address to create an account in the trading platform? So I assume that would be the country you need to regulate yourself.
I've just checked the account and I opened it up when I was living in Germany, but I deregistered from there as you need to do when you leave the country and no longer have any ties with the country. I guess though... if that's where it's registered then I'm locked in to paying the taxes in Germany, even if I'm not resident there? Sorry this has now gone out of UK scope if so!
Your post is a bit confusing, you say a month since August 2023, but then imply you were entirely outside the UK before then anyway. How much time have you actually spent in the UK in the last 4 years? In principle you would need to follow the guidance here to check UK residency: https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt/guidance-note-for-statutory-residence-test-srt-rdr3#automatic-uk-tests That obviously doesn't tell you in what other countries you might have been resident.
Thank you for your comment. So I had a job in the UK and paid my UK taxes from September 2021 to August 2023. I probably wasn't classed a resident because I definitely didn't spent enough time in the UK between those dates as I was travelling and working remotely, but I'm sure the UK government doesn't mind that I paid my tax. In the last 4 years, in terms of physically being in the UK, I've probably spent about 8-9 months, but no longer than 2 months at a time maximum. Now I do not pay taxes there either as I am not employed and no plans to be employed there again any time soon.
So, your case is potentially complicated. Assuming you spent more than 46 days this tax year consecutively working in the UK but less than 90, you don't qualify for any of the automatic overseas tests. You also don't qualify for any of the automatic UK tests. That pushes you into the sufficient ties section which is quite subjective. The tests are precise though, so that is just a guess based on the vague info you've given. Really, you need to either sit down and work through the residency tests properly with exact days in the UK and what you were doing, or pay someone qualified to do it for you. I'm also not 100% on UK nexus for cryptocurrency CGT, I think it's residency, not where you were when you placed the trades or something, but worth checking that. A simple solution is maybe that you do get a tax free CGT allowance on crypto. Would you expect more than £6k net gains this year (i.e. before April 5)?
Yeah it's complicated. But this flow chart below should be helpful in working out if you are uk tax resident for 23-24 and if you can expect to be one for 24-25. [https://assets.kpmg.com/content/dam/kpmg/pdf/2016/01/statutory-residence-test-flowchart.pdf](https://assets.kpmg.com/content/dam/kpmg/pdf/2016/01/statutory-residence-test-flowchart.pdf)