header-logo header-logo

taxing matters

01 February 2007 / Peter Vaines
Issue: 7258 / Categories: Features , Tax
printer mail-detail

RESIDENCE: THE LATEST APPROACH

The case of Gaines-Cooper v HMRC SpC 568 has recently been reported by the special commissioners and has caused a good deal of comment in the national and professional press. The issue is all about how you count the days to determine whether somebody is resident in the UK or not and whether you can rely on the HM Revenue & Customs (HMRC) booklet IR20 on residence. The question was whether Robert Gaines-Cooper was resident in the UK. He prepared a detailed schedule of days spent in the UK, carefully and precisely in accordance with the IR20 HMRC guidance, ignoring days of arrival and departure. However, HMRC said that the days of arrival and departure should not be ignored after all. What about its hallowed practice which has been in IR20 for the last 30 years? Never mind about that; HMRC decided that it should count the days in another way—and concluded that Gaines-Cooper was resident.

A worrying approach and a new test

This approach is intensely worrying and everybody is

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll