The term “ordinarily resident” has been removed from regulation 15 of the Capital Gains Tax Regulations 1967, under newly published draft regulations that have also eliminated the requirement that a person must be resident or ordinarily resident or carry on a trade in the UK to be joined as a third party to an appeal or make an application to be joined.
The term “ordinarily resident” has been removed from regulation 15 of the Capital Gains Tax Regulations 1967, under newly published draft regulations that have also eliminated the requirement that a person must be resident or ordinarily resident or carry on a trade in the UK to be joined as a third party to an appeal or make an application to be joined.
The instrument will be laid in time to come into force from 6 April 2013. The abolition for tax purposes of the concept of ordinary residence, which has no statutory definition, is part of the government’s plan to streamline the tax system and is being addressed at the same time as the introduction of a statutory definition of tax residence.
The Finance Bill 2013 will remove from primary legislation most of the references to ordinary residence.