RPSM13101042 - Technical Pages: International: Migrant member relief: Relevant migrant member: Example of application of residence condition

Example of application of residence condition for being a relevant migrant member

[Para 4, Sch 33]


On 10 May 2007 David, who is resident in Canada, becomes a member of a qualifying overseas pension scheme. On 20 June 2007 he comes to the UK for less than 2 years, but spends more than 183 days in the UK in the 2007/08 tax year.

For IR20 purposes David is treated as UK tax resident from 6 April 2007, and if that was the test of residence under paragraph 4(a) of Schedule 33 he could not be a relevant migrant member of the scheme. However, as David was not factually UK resident on 10 May 2007, he meets condition a in RPSM13101040 and can be a relevant migrant member if conditions b, c and d are also met.

Glossary ( RPSM20000000)