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The taxpayer was not domiciled in the UK. He was a participant in a Delaware limited liability company and as such was entitled to a share of the profits of the entity.
He was taxed on those profits in the United States on the basis the company was treated as transparent so that the profits fell to be taxed as income of the members.
He remitted his income from the company to the UK and HMRC assessed it as if it were a dividend.
The department did not allow any credit for the tax paid in the USA saying the Delaware company should be treated as opaque: there was no entitlement to double taxation relief under to the UK/US double taxation convention.
The taxpayer appealed.
The First-tier Tribunal decided the taxpayer was entitled to...
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