The rules that govern who pays Income Tax in Scotland is determined by whether an individual is considered a Scottish taxpayer. For most people, determining Scottish taxpayer status is straightforward. Individuals who live in Scotland are considered Scottish taxpayers, while those who live elsewhere in the UK are not.

If a taxpayer has homes in both Scotland and elsewhere in the UK, HMRC guidance is used to determine their main home for Scottish Income Tax purposes. Those without a permanent home who regularly stay in Scotland, such as offshore workers or hotel residents, may also be liable for SRIT.

If a person moves to or from Scotland during a tax year, their tax liability is determined by where they spent the majority of that year. Scottish taxpayer status applies to the entire tax year and cannot be split.

Those defined as Scottish taxpayers are liable to pay the Scottish Rate of Income Tax (SRIT) on their non-savings and non-dividend income.

According to HMRC, individuals pay Scottish Income Tax if they live in Scotland. Care should be taken when considering the phrase "live in Scotland". In particular, you may also pay Scottish Income Tax if you:

– move to or from Scotland,
– live in a home in Scotland and one elsewhere in the UK, for example for work,
– don’t have a home and stay in Scotland regularly, for example you stay offshore or in hotels.

If an individual moves to or from Scotland, they will pay Scottish Income Tax if they move to Scotland and live there for more than half the tax year.

There is also a requirement that taxpayers advise HMRC of a change of address if they move to or from Scotland.

Planning note

Clearly, taxpayers may suffer varying rates of Income Tax depending on which side of the border they live. This is yet another factor that needs to be considered when advising affected clients on Income Tax planning matters.