How to Become Non-Resident for Tax: 7 Steps That Hold Up

Becoming non-resident for tax means failing every residency test of the country you are leaving, not just moving out. Days are only one test: a home you keep, a family that stays or a business you still run can hold you there with very few days. Here are the 7 steps that make a clean break, the countries that keep a claim after you go, and the proof to keep.

Quick summary

  • You stop being tax resident when you fail all of your old country's tests, so getting on the plane is only the start.
  • Days come first: after leaving the UK, fewer than 16 days a year makes you automatically non-resident if you were resident in any of the previous 3 tax years.
  • A home kept available can hold you with no day minimum: in Germany an apartment you keep and use is a residence for tax.
  • Deregistering and telling the tax office are required steps in many countries, but neither ends residency while a home or family stays behind.
  • Some countries keep a claim for years: Ireland for 3 years, the UK if you return within 5, Spain for 5 years for its nationals who move to tax havens, and Germany for up to 10.
  • Becoming tax resident somewhere new gives you a tax residency certificate to show the old country, and Spain can demand proof of 183 days there if you move to a country on its tax haven list.

What becoming non-resident for tax means

In most countries a resident pays tax on worldwide income and a non-resident only on income from sources inside the country. You become non-resident when you stop meeting every test in the tax residency rules of the country you are leaving. The day you board the plane is not that moment: the old country applies its own law each year, and it does not need to know where you went.

Leaving therefore has 2 parts: failing the old country's tests, and building a residence somewhere else that shows you did. The 7 steps below apply wherever residence decides your tax; the US, which taxes its citizens wherever they live, is the exception.

Step 1: Read the old country's residency test

List every way the old country could still count you. Most use more than 1 test, and meeting any one of them keeps you resident:

  • Days. Spain needs more than 183 days in the calendar year (LIRPF, article 9); the UK counts 183 days or more in its April 6 to April 5 tax year (GOV.UK).
  • A home. Germany treats you as having a residence wherever you hold an apartment in circumstances suggesting you will keep and use it (AO, section 8).
  • Economic interests. Spain makes you resident if the main base of your business or economic interests is in Spain, with no day count at all.
  • Family. A spouse or dependent children who stay behind can keep you resident with few or no days in the country.
  • Domicile. Some systems also use domicile, which can stay with you long after you move.

Use the old country's own definitions, period and counting rules, never a rule of thumb from somewhere else. The UK's statutory residence test alone has automatic tests, a ties test and its own tax year, and Australia's domicile test keeps an Australian-domiciled person leaving Australia resident unless they have a permanent place of abode outside Australia (PwC, Australia residence).

Step 2: Cut your days below the threshold

Days are the test you control most directly, and in some countries the margin is small. After you leave the UK, you are automatically non-resident with fewer than 16 days there in a tax year if you were UK resident in any of the previous 3 tax years, or fewer than 46 days if you were not, and also if you work full time abroad, averaging at least 35 hours a week, and spend fewer than 91 days in the UK, no more than 30 of them working (GOV.UK). Otherwise, below 183 days the UK next checks whether your only home or a full-time job was in the UK, and only then do your remaining UK ties decide.

Ireland treats you as non-resident in a tax year with 30 days or fewer there, whatever your total over 2 years (Revenue). The rules for counting days for tax residency differ in the details that matter at the margin: Ireland counts any part of a day spent in the country, so a day trip or a late arrival is a full Irish day.

Step 3: Give up the home, or make it unavailable

A home kept ready for you can keep you resident on its own, even when your day count is low. Germany's home test is the apartment you keep and use, and Portugal treats you as resident if, on any day of the period, you have a home you appear to intend to keep as your habitual residence (CIRS, article 16).

Selling the home, ending the lease or renting it out properly are the clean versions. Under tax treaties, a house rented out and handed over to an unrelated tenant is not available to you, so it stops counting as your permanent home (OECD Commentary on Article 4, paragraph 13). An apartment kept empty for your visits is the version that fails.

Step 4: Move your family and your working life

After the home, family and business ties carry the most weight. Spain presumes you are still resident if your spouse, not legally separated, and your dependent minor children live in Spain, unless you prove otherwise (LIRPF, article 9).

Canada weighs the same things when you are leaving Canada for tax: a home, a spouse or common-law partner and dependants are the significant ties, and secondary ties such as a car, furniture or a Canadian driver's license count as well (CRA). Clients, a business address and bank accounts left behind all point back to the old country when a tax office asks where your life is.

Leaving Spain: a clean break and a half break

Clean break

You move from Madrid to Lisbon with your spouse and children on March 1, end the Madrid lease, close the Spanish business and invoice from a Portuguese registration. With about 60 days in Spain that year and no home, family or economic base left there, Spain has nothing to point to, and Portugal treats you as resident from the move (CIRS, article 16).

Half break

You move to Lisbon alone while your spouse and children stay in the Madrid apartment, and your clients keep paying the Spanish business. Spain presumes you are still resident because your spouse and children live there, and the Spanish business keeps the main base of your economic interests in Spain, which is a residence test of its own (LIRPF, article 9). You are now resident in 2 countries.

Step 5: Deregister and tell the tax office

Many countries expect you to tell them you are going, and doing it starts the paper trail. Germany requires you to deregister with the registration office within 2 weeks of moving out of a home without taking a new one in Germany, and lets you do it up to 1 week before (BMG, section 17).

In the UK you tell HMRC on form P85 when you leave the UK if you do not file Self Assessment, or on the residence pages (SA109) of your return if you do (GOV.UK). Canada lets you ask the CRA for an opinion on your status with Form NR73, which is optional.

Deregistering does not make you non-resident

A deregistration certificate shows that you told the authorities you left. It does not move the home, the family or the business. Deregister in Berlin but keep the furnished apartment there for your visits, and Germany's home test can still treat you as resident with the certificate sitting in your drawer.

Step 6: Become tax resident somewhere else

Being resident nowhere, the perpetual traveler plan, is possible on paper, but it leaves you with nothing to show the old country. A new residence gives you a test you meet, a tax return you file there and a tax residency certificate to hand over when the old country asks. Spain writes this into its law: short trips abroad count as days in Spain unless you prove tax residence in another country, and for a move to a country on its tax haven list it can demand proof of 183 days there (LIRPF, article 9).

If the old country still counts you while the new one does too, you have dual tax residency, and a treaty between the 2 decides which claim wins, starting with where you have a permanent home (OECD Model, Article 4(2)). If you have not chosen the new country yet, comparing the full tax setup in 2 or 3 candidates at your income tells you more than their headline rates.

Step 7: Keep proof that you left

When a tax office questions your departure, you are the one who has to show it. Build the file as you go, not when the letter arrives.

Evidence to keep after you leave

  • Your day count for every year, by country, backed by flight records, boarding passes and passport stamps.
  • Proof that the old home ended: the sale deed, the end of the lease, or a rental agreement with an unrelated tenant.
  • Proof that your family moved: their new lease or registration and the children's school enrollment.
  • The deregistration certificate, the P85 or NR73, and every reply from the old tax office.
  • The new country's residence permit, lease, tax registration, filed returns and tax residency certificate.
  • Records of where your business runs: client contracts, invoices and the address printed on them.

Countries that keep a tax claim after you leave

A clean break can still leave the old country a claim for years. Ireland's reaches every leaver who was ordinarily resident there, while the other 3 below reach only people who move to a low-tax country or come back within 5 years:

  • Ireland. If you were resident for 3 tax years in a row before you left, you stay ordinarily resident until you have been non-resident for 3 consecutive tax years. If you are Irish domiciled, Ireland can still tax your worldwide income in those years, apart from work done wholly abroad and other foreign income of €3,810 (about $4,340) or less in the year, and your worldwide gains (Revenue, Tax and Duty Manual Part 34-00-01).
  • United Kingdom. Under the UK temporary non-residence rule, if you were solely UK resident in 4 or more of the 7 tax years before you left and you come back within 5 years, certain income and gains you received while away are taxed on your return (HMRC, RFIG21510).
  • Spain. A Spanish national who moves to a country on Spain's tax haven list stays a Spanish taxpayer in the year of the move and the 4 years after it (LIRPF, article 8).
  • Germany. A German national who was resident for at least 5 of the last 10 years and moves to a low-tax country while keeping substantial economic interests in Germany keeps an extended tax liability on German income for 10 years after the year of leaving, in any year that income exceeds €16,500 (about $18,800) (AStG, section 2).

Other countries charge once, on the way out. Canada treats you as having sold most of your property at fair market value when you emigrate, with Canadian real estate among the exceptions (CRA, dispositions of property). Germany's exit tax on shareholdings treats shares as sold at market value when you give up German residence after at least 7 of the last 12 years there, if you held 1% or more of the company's capital at any time in the last 5 years (AStG, section 6; EStG, section 17). Check for an exit tax on unrealized gains before you set the date, because the move itself triggers it.

For US citizens, the steps above change where else you owe tax but not whether the US taxes you: the US taxes its citizens on worldwide income wherever they live (IRS), and the only exit is renouncing US citizenship.

David's note

I would set the departure date by the old country's tax calendar before booking anything else. Spain counts the calendar year, so leaving at the end of June leaves you about 181 Spanish days for that year and almost no room for visits back, while leaving in August puts you past 183 and makes you resident for all of it, whatever else you have moved.

Sources

  1. GOV.UK: Tax on foreign income, residencegov.uk, checked
  2. GOV.UK: Tax if you leave the UK to live abroadgov.uk, checked
  3. HMRC: RFIG21510, temporary non-residence, introductiongov.uk, checked
  4. BOE: Ley 35/2006 del IRPF, articles 8, 9 and 12 (Spain)boe.es, checked
  5. Portal das Finanças: Código do IRS, article 16 (Portugal)info.portaldasfinancas.gov.pt, checked
  6. Gesetze im Internet: Abgabenordnung, section 8 (Germany)gesetze-im-internet.de, checked
  7. Gesetze im Internet: Bundesmeldegesetz, section 17 (Germany)gesetze-im-internet.de, checked
  8. Gesetze im Internet: Außensteuergesetz, section 2 (Germany)gesetze-im-internet.de, checked
  9. Gesetze im Internet: Außensteuergesetz, section 6 (Germany)gesetze-im-internet.de, checked
  10. Gesetze im Internet: Einkommensteuergesetz, section 17 (Germany)gesetze-im-internet.de, checked
  11. Revenue (Ireland): Resident for tax purposesrevenue.ie, checked
  12. Revenue (Ireland): Tax and Duty Manual Part 34-00-01, provisions relating to residence of individuals (updated February 2025)revenue.ie, checked
  13. PwC Worldwide Tax Summaries: Australia, individual residencetaxsummaries.pwc.com, checked
  14. Canada Revenue Agency: Determining your residency statuscanada.ca, checked
  15. Canada Revenue Agency: Dispositions of property when you leave Canadacanada.ca, checked
  16. IRS: U.S. citizens and resident aliens abroadirs.gov, checked
  17. OECD: Model Tax Convention, condensed version 2017 (Article 4 and its Commentary)oecd.org, checked

Frequently asked questions

How do I become non-resident for tax purposes?

Fail every residency test in the country you are leaving: cut your days below its thresholds, give up or rent out the home, move your family and business, deregister, and become resident somewhere else. Keep evidence of each step for as long as the old country can audit you.

How long does it take to become non-resident for tax?

It can happen from the day you leave if you cut every tie at once; Canada says you would most likely be non-resident from the date you leave or the date you sever your ties. Day tests are often settled only when the tax year ends, and some countries keep a claim afterward, such as Ireland for 3 years.

Can I keep my house and still be non-resident?

Sometimes, but it is the riskiest tie to keep. Germany and Portugal can make you resident through a home alone, with no day count. Renting it out to an unrelated tenant, so that it is no longer available to you, is the usual way to keep the property without keeping the home.

How many days can I spend in my old country after leaving?

It depends on its test. In the UK, fewer than 16 days a year makes you automatically non-resident if you were resident in any of the previous 3 tax years, and in Ireland 30 days or fewer means non-resident for that year. Elsewhere the day line is usually 183, but home and family tests can apply with fewer days.

Do I need to tell the tax office that I am leaving?

Usually, yes. The UK asks for form P85 or the residence pages of your Self Assessment return, Germany requires deregistration within 2 weeks of moving out, and Canada offers Form NR73 if you want the CRA's opinion on your status.

Can I become non-resident without becoming resident somewhere else?

In some countries, yes, but it is a weak position. Spain counts short trips abroad as Spanish days unless you prove tax residence elsewhere, and without a new residence you have no certificate and no treaty to rely on.

Do non-residents still pay tax in their old country?

On income from sources there, usually yes: rent from a property you kept, a local salary or local business income. Non-residence removes the tax on your foreign income, not on income from the old country.

David Sisvadze

CEO at Nomad Tax Map

David brings 13+ years of experience, including 6 years with the Revenue Service of Georgia and 7 years managing private-sector import operations. He has a strong background in customs, imports, exports, and cross-border logistics.