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28 October 2011
Issue: 7487 / Categories: Case law , Law digest , In Court
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Tax

R (on the application of Davies and another) v Revenue and Customs Commissioners [2011] UKSC 47, [2011] All ER (D) 157 (Oct)

“Residence” was not defined in statute. The definition of “reside” adopted by the courts was that of a “settled or usual abode”. An individual who had been resident in the UK ceased in law to be so resident only if he ceased to have a settled or usual abode in the UK. The phrase “a distinct break” was not an inapt description of the degree of change in the pattern of an individual’s life in the UK which would be necessary if a cessation of his settled or usual abode in the UK was to take place. Section 334 of the Income and Corporation Taxes Act 1988 had the effect that, if an individual who had been resident and ordinarily resident in the UK, ceases to be resident in the UK, he would nevertheless be deemed to have remained resident in the UK if he had left the UK for the purpose only of occasional residence

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MOVERS & SHAKERS

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
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