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Tucked away

10 May 2011 / Stephen Smith
Issue: 4303 / Categories: Comment & Analysis , Residence & domicile

Reviewing the Upper Tribunal decision in Tuczka

KEY POINTS

  • A brief summary of the circumstances of the case.
  • The lack of a statutory test of ordinary residence.
  • Determining the taxpayer’s intention.
  • The difference between residence and ordinary residence.
  • Current practice and possible future changes.

The Upper Tribunal has upheld the First-tier Tribunal’s decision that Dr Tuczka an Austrian banker became ordinarily resident in the UK in the year following his arrival in the UK (Tuczka v HMRC [2011] UKUT 113).

Dr Tuczka came to London to work in July 1997. He intended to return to Austria after two and a half years but his planned departure was delayed due to employment-related circumstances.

Dr Tuczka claimed to be non-resident in the year that he arrived (1997/98) resident but not ordinarily resident for the next three...

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