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26 February 2010
Issue: 7406 / Categories: Case law , Law digest
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Tax

R (on the application of Davies and another) v HM Revenue & Customs, R (on the application of Gaines-Cooper) v HM Revenue & Customs [2010] EWCA Civ 83, [2010] All ER (D) 197 (Feb)

Paragraph 2.2 of IR20 did not entitle a person to non-resident status, for capital gains tax purposes, unless he left to work full-time either before or by the start of a tax year.

To come within 2.2, a taxpayer had to leave for, and remain in, full-time employment throughout the relevant tax year.

Full-time employment throughout any subsequent tax years did not affect the date when a taxpayer first attained non-resident status; that date was determined by reference to the date the taxpayer left to work full-time abroad. IR20 had to be construed as a whole, by reference to all its provisions and so far as possible so that they did not contradict each other.

It made no sense to permit a taxpayer to claim non-resident status under 2.2 notwithstanding that the full-time employment started only part way through his tax year in the

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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