Services

Residency & Treaty

Where you're tax-resident when your life spans two countries — substantial presence, closer connection, and treaty tie-breaker analysis.

Mapping residency days across two tax systems
Why this matters

The IRS and HMRC can both think you're resident. The treaty decides who wins.

Cross-border life regularly produces years where two countries each have a strong claim on you for tax. The substantial presence test, closer-connection exception, UK statutory residence test, and the US-UK treaty tie-breaker rules all interact — and the answer matters for everything from where your salary is taxed to whether your ISA gains are reportable. Getting the residency call wrong in year one cascades through every return for as long as your situation lasts.

  • Substantial-presence calculations using the IRS day-count rules
  • Closer-connection exception (Form 8840) when day-count breaks against you
  • UK statutory residence test reconciled with US position
  • Treaty tie-breaker analysis on Form 8833 for the years it matters
  • 183
    day count that triggers the substantial-presence test
  • 4
    tie-breaker tests in the US-UK treaty (in order)
  • Form 8833
    the disclosure that protects your treaty position
  • 30 days
    presence threshold below which a year sometimes drops out
In this category · 3 services

Pick the return or schedule that fits your situation.

Each one is a separate service with its own page — click Learn more on any block below to see the full scope, deliverables, and pricing notes.

183-day rule & closer connection

8840

The IRS substantial presence test and how to file a closer-connection exception (Form 8840) where available.

Who this is for
  • Non-US citizens with significant US days
  • UK residents with US business travel

Substantial presence test.

Learn more

US-UK treaty planning

8833

Residence tie-breaker, pension sourcing, capital gains, and double-tax relief under the US-UK treaty.

Who this is for
  • Dual residents
  • Clients with cross-border income sources

Residence & double tax relief.

Learn more

Federal & state residence reviews

Domicile, tie-breaker, and US state residency planning for clients moving between jurisdictions.

Who this is for
  • Clients relocating between US states
  • Dual residents needing a domicile review

Domicile, tie-breaker, planning.

Learn more
Our process

How residency & treaty get handled end-to-end

  1. 01

    Day-count audit

    Map your physical presence days across the past 3 years — UK, US, and elsewhere — and reconcile against passport / boarding-pass evidence.

  2. 02

    Residency call

    Apply substantial presence, closer connection, and UK SRT. If both apply, run the treaty tie-breaker — permanent home, centre of vital interests, habitual abode, nationality.

  3. 03

    Documentation

    Prepare Form 8840 (closer connection) or Form 8833 (treaty position) with the supporting record so the position holds up under scrutiny.

  4. 04

    Filing alignment

    File the right return shape — 1040, 1040NR, or dual-status — and align with your UK self-assessment so HMRC and the IRS see consistent positions.

I was running a London office and a New York one in the same year. TaxStone's residency call kept me out of dual-status and saved a five-figure tax bill — backed by Form 8833 disclosure that's never been questioned.
Bicoastal US executive
Documents

What we'll need for a residency review

Day records and ties evidence — clearer than it sounds.

  • Passport pages or travel record for the past 3 years (rough day count is fine)
  • Address history (UK and US) for the same period
  • Where your spouse / dependents live, and whether they're US persons
  • Where your principal home, vehicles, and bank accounts are based
  • Any visa / immigration status changes (E-visa, ILR, naturalisation)
  • Last 2 US returns and last UK self-assessment if filed

Not sure which of these applies to you?

Send us a one-paragraph description of your situation and we'll tell you which filings are actually on the hook.