header-logo header-logo

Peer pressure

Should a peer's UK tax status affect his position in the House of Lords? Samantha Morgan and Philip Munro investigate

A by-product of recent tabloid media attention on Lord Laidlaw's private life has been the focus on his continued status as a member of the House of Lords while he remains resident outside the UK for tax purposes. The question as to the extent to which a non-resident or non-domiciliary should be able to remain a peer is of interest both because there are presently two Private Members' Bills before Parliament looking to limit the scope for a non-resident to participate in Parliament, and also because of recent changes to the meaning of residency for UK tax purposes and to the UK regime for the taxation of resident non-domiciliaries.

Residence

Residence is a concept central to the UK tax regime—a UK resident individual will be subject to income tax on his UK source income; to capital gains tax (CGT) on his UK source gains; and to inheritance tax (IHT) on his UK

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll