5 Dangerous Assumptions About Day Counting That Could Spark an HMRC Tax Enquiry

Many HNWIs believe their day counting records are enough until an HMRC tax enquiry proves otherwise. From rough estimates to incomplete evidence, small assumptions can trigger costly investigations. Here are five common mistakes to avoid and how to safeguard your compliance.

It often starts with a letter. One day, a wealthy individual receives notice of an HMRC tax enquiry. They’re sure they’ve done nothing wrong; after all, they’ve kept a rough tally of their days in and out of the UK. And then weeks pass, and the enquiry drags on. Advisors are working hard, asking for more and more diary entries and receipts to build an audit trail. Every answer seems to invite another round of questions. The costs mount, sleep is lost, and a private matter begins to feel like a shadow hanging over every part of life.

These cases aren’t rare. HMRC has invested heavily in investigating high-net-worth individuals (HNWIs), recovering £30 for every £1 spent. And it’s not about knowing non-compliance. Indeed, cases don’t often result in any additional tax liabilities. 

But scrutiny is increasing, regardless of the outcome, and you should avoid assuming your records are foolproof. Instead, it’s time to ensure you understand what type of day counting and record-keeping evidence is actually needed and check your own tax residency compliance risk level. 

What HMRC Looks For

The Statutory Residence Test (SRT) is the framework that decides whether you are a UK tax resident. It includes automatic overseas tests, automatic UK tests, and the “sufficient ties” test. HMRC doesn’t just count days. It considers where you have a home, where your family is, and how strong your ties are to the UK. It examines your records and whether you could defend your position if challenged.

A list of example documents HMRC accepts as evidence during tax residency enquiries.

The 5 Assumptions That Could Trigger HMRC Tax Enquiry

Your advisor has most likely talked to you about the need to count days and keep records. Now, if you’re relying on spreadsheets and boxes full of boarding passes, chances are you might also hold one of the following assumptions:

“I roughly know how many days I’ve spent in each country…”

The risk: Many HNWIs rely on memory, calendar reminders, or travel logs prepared retrospectively. However, the Statutory Residence Test (SRT) is based on precise rules, and a single error in the day count can be the difference between being non-resident and exempt, or resident and taxable.

For example, the way the UK counts a day as ‘present’ differs from that of many other countries, such as Ireland. These minor differences can amount to costly mistakes if you’re at all unclear of the day counting rules of each tax jurisdiction. 

The fix: Use a digital tool that automatically calculates day counts based on the two crucial factors: your location and the applicable tax laws of that jurisdiction. Daysium does exactly this with geolocation and rulesets built in from the start.

“I don’t stay long — I just visit the UK a few times a year.”

The risk: Even short visits can trigger residency if you have certain ties to the UK, such as property, family, or past employment. The SRT uses these ties in combination with your day count to determine residency status. Many people who believe they’re safely under thresholds are caught by this interaction, potentially leading to HMRC tax enquiry.

For instance, to be an automatic non-resident in the UK, those who were a UK resident in any of the previous three tax years, can only spend 16 days or less in the UK. But for those who weren’t a UK resident the allotted day count is 46 or fewer. 

The fix: Review your ties annually with a tax professional. Know how each trip impacts your risk profile. And above all, keep records of your time in the UK, especially in terms of travel for work or leisure.

“I’ll just explain if anything goes wrong — it’ll be fine.”

The risk: You may believe your circumstances are defensible, but HMRC doesn’t operate on belief. They operate on evidence. And the burden of proof sits squarely on your shoulders. 

Compliance enquiries, even when not official investigations, can be notoriously slow to solve. Suppose you don’t have all your records and day counts immediately available when asked. In that case, you might add hours, days and weeks of scrambling to find evidence to your already busy schedule. 

The fix: Don’t rely on retrospective justifications. Keep robust, real-time evidence that proves where you were and when. If you use Daysium, photos or notes can be attached to locations, creating a defensible audit trail.

“I’m sure my records are fine — I have some emails and bank statements.”

The risk: HMRC expects clear, complete and well-organised documentation: travel records, passport stamps, boarding passes, hotel invoices, and more. Fragmented or inaccessible data creates doubt, and investigations can spiral from there. 

Non-digital evidence can also pose risks. An advisor once told us about a case where a client kept physical boarding passes neatly in a box. Unfortunately, years stored in a box had begun to erode the ink, leaving some of the dates and times unreadable during the HMRC tax enquiry.

The fix: Centralise your records. Back them up securely. Use a platform that integrates travel logs, evidence, and alerts, so you can prove your tax position instantly, rather than scrambling data together months later.

“I believe that technology holds the power to transform many areas of tax compliance. It gives us, for example, the opportunity to record high quality evidence of physical location automatically. It also allows us to embed statutory rules to provide a constant check on compliance and to act proactively. “ – Paul Aplin OBE, Daysium Senior Advisor

“Surely HMRC wouldn’t pursue a case unless it was serious…”

The risk: Actually, they would and they do. The UK has stepped up enforcement through the use of data analytics, AI, and international information exchange. For every £1 HMRC spent investigating HNWIs in 2023, they recovered £30. Investigations are now as much about sending a message as they are about recovering money.

We’ve had a tax advisor tell us about a  case where an investigation was launched based on a single credit card transaction. And while the case never showed non-compliance, it took a lot of time and added stress to the individual’s life. 

The fix: Treat your day-to-day counting and record-keeping as part of your risk management strategy, not a box-ticking exercise. If you don’t know your exposure, you can’t reduce it.

The Cost of Getting it Wrong

A tax dispute has a real financial cost, even if the end result clears you. Our research has shown that professional fees for disputes can start in the thousands and climb to the hundreds of thousands if a case reaches the Upper Tribunal. And if you’re found non-compliant, the potential penalties can range from 20% to 100% if HMRC believes you failed to exercise reasonable care or concealed information.

“Users of Daysium will be unlikely to see any additional tax liabilities if the platform has been used correctly. 

Should any additional tax liabilities arise though, I would certainly be confident to put forward arguments that the use of the software was itself a means of taking reasonable care to pay the correct amount of tax.” – Sarah Scala, Partner, NHD Tax Solutions

The non-financial toll is just as heavy. A HMRC tax enquiry can last for years, during which time the uncertainty eats into business opportunities and family life. Research by The Contentious Tax Group has shown that the emotional stress can be extreme, even leading in some cases to tragic outcomes.

A UK case illustrates the high cost of a few extra days. A woman moved to Ireland and declared herself non-resident in the UK. She exceeded her limit by just five days, claiming these under exceptional circumstances. HMRC rejected her claim. 

The First-tier Tribunal ruled in favour of the taxpayer but the Upper-tier Tribunal later overruled this, making her liable for taxation on an £8 million dividend. However, the case went forward with the Court of Appeal recently ruling again in favour of the taxpayer. She may have avoided the additional tax liability, yet had to deal with advisor and legal fees; not to mention the fact that case dragged on for a decade. 

How to Spot Your Tax Residency Risks

The time for assuming your day counts and records are enough is over. You don’t want to get caught in a series of back-and-forth and months of building a defensible log of evidence. 

Ask yourself:

  • Do I log every day according to specific day counting rules?
  • Can I prove where I was with more than a transaction receipt?
  • Do I know which ties I have to the UK right now?
  • Do I keep my records in one place, ready to hand over if asked?

If you hesitated on any of these, you may be exposed. That’s why we created the Tax Residency Risk Assessment. It’s quick, it’s built together with the UK’s Contentious Tax Group (CTG), and it shows how likely you are to face an enquiry and how ready you are to defend yourself.

Conclusion

The difference between safe compliance and a costly investigation can be as slight as one day or one missing boarding pass. By addressing these five statements now, you can reduce the risk of a drawn-out HMRC tax enquiry and the financial and personal toll it brings.

Take the Tax Residency Risk Assessment today. It could save you years of stress and millions in costs.

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