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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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