How residence is tested
For an individual, the test broadly looks at days spent in the UK in the 12 months before completion, with 183 days making a buyer UK resident for this purpose regardless of general tax residence status elsewhere. A refund is available if the buyer becomes UK resident by spending 183 days in the UK within 12 months after completion.
For companies, the surcharge generally applies unless the company is UK resident for corporation tax purposes and not controlled by non-UK resident persons, so an overseas-controlled UK company can still be caught.






