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How to stop being a UK tax resident when moving to Dubai

How to stop being a UK tax resident when you move to Dubai: Statutory Residence Test, split year, UK-UAE treaty, P85 and the five-year return rule.

Marina Ramirez Lorca
by Marina Ramirez Lorca Founder and Managing Director of LorcaBase

Published on
8 min read

Moving to Dubai does not automatically make you non-resident in the UK. HMRC decides whether you are still a UK tax resident by applying the Statutory Residence Test (SRT), not by the address on your Dubai tenancy contract. If you remain resident, you are generally taxed in the UK on your worldwide income and gains, even though the Emirates have no personal income tax.

The Dubai case also has a particularity: the UK-UAE tax treaty does give British expats tie-breaker rules, but it neither covers inheritance tax nor stops the charge on gains if you come back within five years. That is why the move has to be planned, not just made.

This guide explains when HMRC treats you as resident, what happens in the tax year you leave, what applies instead of an exit tax and the steps to move your tax residency to the UAE with everything documented.

When HMRC treats you as UK tax resident

Since 6 April 2013, residence is decided tax year by tax year under the SRT (Schedule 45 to the Finance Act 2013). The tests apply in order, and the first that gives an answer settles it:

TestWhat HMRC looks atHow to be non-resident
Automatic overseas testsFewer than 16 days in the UK (if resident in any of the 3 previous tax years), or full-time work overseas with fewer than 91 UK days and fewer than 31 days working over 3 hours in the UKMeet one and you are non-resident for that year
Automatic UK tests183 days or more in the UK; a UK home you use while having no overseas home where you spend 30 days or more; or full-time work in the UKStay below 183 days, live in your Dubai home and do not work full-time in the UK
Sufficient ties testYour UK days combined with your UK ties: family, accommodation, work, 90-day and countryCut days and ties: as a leaver, up to 120 days with 1 tie, 90 with 2 and 45 with 3

A day counts if you are in the UK at midnight. The ties test causes most surprises: a spouse who stays in the UK as a UK resident is a family tie; a UK home available to you for 91 days in a row is an accommodation tie if you sleep there even one night, owned or not; and the 90-day tie looks back two tax years, so if you lived in the UK last year, you will have it in your first year in Dubai.

The UK-UAE treaty protects you, with limits

When two countries both treat you as resident, a treaty tie-breaker decides. The UK-UAE treaty, signed on 12 April 2016 and in force since 25 December 2016, does not require UAE nationality: under Article 4, a UAE resident is any individual who, under UAE law, is domiciled in the UAE or has their habitual abode or centre of vital interest there. A British national living in Dubai can qualify.

If the SRT still makes you UK resident, Article 4(3) looks in turn at permanent home, centre of vital interests, habitual abode and nationality. If it points to the UAE, the treaty limits UK taxation: gains on most shares, for example, become taxable only in the UAE. But income and gains from UK property can still be taxed in the UK, and the treaty covers income tax, corporation tax and capital gains tax, not inheritance tax.

Even so, a tie-breaker is a defence in a dispute, not a plan. The robust strategy is to be non-resident under the SRT itself.

No tax haven rule in the UK, but inheritance tax follows you

UK law does not keep you taxable for extra years because you move to a low-tax country: the SRT has no list of jurisdictions and applies equally to Dubai and Dublin. What does have a tail is inheritance tax. Since 6 April 2025 it depends on long-term UK residence, not on domicile: if you were UK resident in at least 10 of the previous 20 tax years, your assets outside the UK are also within its scope.

That status survives your departure. With 13 years of residence or fewer out of the last 20, you keep it for 3 tax years after leaving; each additional year adds one, up to 10 tax years for someone resident in all 20. HMRC counts a split year as a full year of residence for this test, and transitional rules apply to some people non-resident in 2025 to 2026.

The tax year you leave: the date matters

The UK tax year runs from 6 April to 5 April and residence covers the whole year, but split year treatment divides the year of departure into a UK part and an overseas part if you fit one of these cases:

When you leaveFrom when you are non-resident
To work full-time in Dubai (Case 1), meeting the third automatic overseas test in the following tax yearFrom the first day you work more than 3 hours overseas, if you stay within the UK day and workday limits for the rest of the year
You stop having any UK home (Case 3), spend fewer than 16 days in the UK for the rest of the year and, 6 months later, are UAE tax resident or have your only home thereFrom the day you stop having a home in the UK
No case appliesFrom 6 April of the next tax year: you are resident for the whole year of departure

Case 2 covers a partner who moves abroad with someone starting full-time work there. In every case you must have been UK resident the previous tax year and be non-resident the next. What closes your last year as a resident:

No exit tax, but the five-year rule on gains

The UK has no general exit tax for individuals: leaving does not, by itself, trigger tax on your unrealised gains. Instead, the temporary non-residence rules tax certain gains and income if you come back too soon. They apply if:

Then gains made while abroad on assets you owned when you left are taxed in the year you return, as is certain income received abroad, such as distributions from closely controlled companies. The law says no tax treaty prevents this capital gains tax charge, so the treaty does not shield you. Unlike an exit tax, nothing is due when you leave, and after more than 5 years away those gains fall outside UK tax (UK property and land aside).

Step by step to move your tax residence to Dubai

  1. Get legal residence in the UAE. With an investor or employment visa or a Golden Visa. We explain it in business residency in Dubai and on the Golden Visa page.
  2. Meet the UAE criteria. Under Cabinet Decision No. 85 of 2022, you are a UAE tax resident if your usual place of residence and your centre of financial and personal interests are in the UAE, if you spend 183 days or more in the country in 12 consecutive months, or if you spend 90 days or more and, in addition to holding a residence permit, you have a permanent place of residence or an employment or business there.
  3. Apply for the Tax Residency Certificate (TRC) from the FTA. It is the proof of your UAE tax residency. We handle it through UAE tax residency.
  4. Tell HMRC you are leaving. If you do not normally file a Self Assessment return, use form P85 (online, or by post if you have not left yet). If you do file, tell HMRC through your return and the SA109 pages.
  5. Manage your ties. Log your UK midnights, the days you work there more than 3 hours and any accommodation you keep available: these are the facts the SRT weighs.
  6. Keep the evidence. Dubai tenancy contract or title deed, visa and Emirates ID, the record of your UAE entries and exits and your TRC for each year. If HMRC enquires into your residence, this is how you prove you met the SRT and, if needed, the treaty tie-breaker.

Plan before you move

Stopping being a UK tax resident is a process, not a form: it is decided by the date you leave, the ties you keep in the UK and the evidence you gather from day one. Doing it the other way round, moving first and thinking about HMRC later, is the most common way to end up taxed in the UK on income earned in Dubai.

At LorcaBase we advise you in English and Spanish on the UAE side: your tax in Dubai, residence and the TRC in the UAE. For the UK side, coordinate your move with a UK tax adviser. To see how taxes work once you are there, start with our guide to taxes in Dubai.

References

Sources and references

References used to contextualise this page and its main data points.

Finance Act 2013, Schedule 45: Statutory residence test ▸

https://www.legislation.gov.uk/ukpga/2013/29/schedule/45

Convention between the Government of the United Arab Emirates and the Government of the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation and the prevention of tax evasion and avoidance with respect to taxes on income and on capital gains ▸

https://www.gov.uk/government/publications/united-arab-emirates-tax-treaties/2016-uk-uae-double-taxation-convention

HM Revenue & Customs: Inheritance Tax if you're a long-term UK resident ▸

https://www.gov.uk/guidance/inheritance-tax-if-youre-a-long-term-uk-resident

GOV.UK: Tax on your UK income if you live abroad ▸

https://www.gov.uk/tax-uk-income-live-abroad

GOV.UK: Tax if you leave the UK to live abroad ▸

https://www.gov.uk/tax-right-retire-abroad-return-to-uk

HM Revenue & Customs: Get your Income Tax right if you're leaving the UK (P85) ▸

https://www.gov.uk/guidance/get-your-income-tax-right-if-youre-leaving-the-uk-p85

HM Revenue & Customs: Residence and foreign income and gains (FIG) regime etc (Self Assessment SA109) ▸

https://www.gov.uk/government/publications/self-assessment-residence-remittance-basis-etc-sa109

HM Revenue & Customs: RDR3, Statutory Residence Test (SRT) notes ▸

https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt/guidance-note-for-statutory-residence-test-srt-rdr3

Cabinet Decision No. 85 of 2022 on the Determination of Tax Residency ▸

https://tax.gov.ae/Datafolder/Files/Legislation/Corporate%20Tax/Cabinet%20Decision%2085%20of%202022%20-%20For%20publishing.pdf

Federal Tax Authority: Tax Residency Certificate Service ▸

https://tax.gov.ae/en/services/issuance.of.tax.certificates.aspx

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FAQ

Frequently asked questions

How many days can I spend in the UK without being a UK tax resident?
There is no single number. Under the Statutory Residence Test, fewer than 16 days in the tax year makes you non-resident if you were resident in any of the 3 previous tax years, and full-time work abroad allows fewer than 91 days, with fewer than 31 days working more than 3 hours in the UK. Otherwise it depends on your UK ties: as a leaver, up to 120 days with 1 tie, 90 with 2 and 45 with 3. From 183 days you are always resident. A day counts if you are in the UK at midnight.
Does the UK-UAE tax treaty protect me if HMRC says I am still UK resident?
It can. Its Article 4 does not require UAE nationality: any individual who, under UAE law, is domiciled in the UAE or has their habitual abode or centre of vital interest there is a UAE resident, so the tie-breaker rules apply (permanent home, centre of vital interests, habitual abode, nationality). If they point to the UAE, the treaty limits UK taxation, but income from UK property can still be taxed in the UK and inheritance tax is not covered.
Is there a tax haven rule if I move from the UK to Dubai?
No. UK law has no list of low-tax jurisdictions that keeps you taxable for extra years: the Statutory Residence Test applies in the same way wherever you go. What does continue is inheritance tax: if you were UK resident for at least 10 of the previous 20 tax years, you remain a long-term UK resident for between 3 and 10 tax years after leaving.
How do I tell HMRC that I am moving to Dubai?
If you do not normally file a Self Assessment return, with form P85 (online, or by post if you have not left yet). If you do, through your tax return, completing the residence pages (SA109) and sending it by post or with commercial software, because HMRC's online services cannot be used to tell them you are leaving the UK.
If I move to Dubai partway through the tax year, when do I become non-resident?
Residence is decided for the whole UK tax year (6 April to 5 April), but split year treatment can make you non-resident from the day you start full-time work abroad or stop having any home in the UK, if you were resident the previous year, are non-resident the next one and meet the other conditions. If no case applies, you are resident for the whole year and non-resident from the following 6 April.
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