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Then the wheels fell off...

13 September 2011 / Peter Vaines
Issue: 4321 / Categories: Comment & Analysis , Gaines-Cooper , IR20 , Residence & domicile
PETER VAINES on IR20 and the Gaines-Cooper case, in which he advised the taxpayer

KEY POINTS

  • The unsettling effect of HMRC ignoring the rules in IR20.
  • The importance of certainty in determining residence status.
  • Should HMRC have simply updated the IR20 rules for the future rather than acting retrospectively?
  • Certainty restored with the new legislative proposals.
  • The need to restore trust between HMRC and professional advisers.

Now that Mr Gaines-Cooper’s appeal has been heard by the Supreme Court it is perhaps a good moment to reflect on why and how we ended up there and on the demise of IR20.

I have no idea why HMRC chose to challenge Mr Gaines-Cooper’s...

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