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A distinct break

05 January 2016 / Rory Cochrane
Issue: 4532 / Categories: Comment & Analysis , Only or main residence
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The importance of the Upper Tribunal’s decision in a recent case concerning UK resident status.

KEY POINTS

  • There may remain cases where UK residence status has yet to be determined for years before 2013/14.
  • In 2004/05 the taxpayer sought to become non-resident before receiving a special dividend.
  • The taxpayer returned to the UK 22 times in 2005/06.
  • To become not resident in the UK requires a distinct break in their pattern of life.
  • Reed v Clark confirmed that the concept of “settled purpose” did not determine UK residence status.
  • Whether a person has ceased to be resident in the UK is to be determined by reference to the common law test not by IR20.

 

The question of whether a person is resident in the UK is of fundamental importance in many instances. Before 2013/14 this important question fell...

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