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09 June 2011 / Peter Vaines
Issue: 7469 / Categories: Features , Tax , Commercial
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Taxing matters

Peter Vaines solves the mysteries of what constitutes “full-time work abroad” & celebrates the renaissance of the Ramsay doctrine

During the Davies & James, and Gaines-Cooper litigation, HMRC confirmed their practice that a person may become non-resident (without the need to make any distinct break, sever their family or social ties, or anything else) if they leave the UK to work full-time abroad, providing the work lasts for at least a whole tax year and their visits to the UK do not exceed 90 days on average during their period of absence.

It is obviously very important to identify the meaning of “full-time work abroad” in this context, and HMRC have now published their revised view on the subject. Appropriate amendments are to be made to HMRC6. The following points are helpful:

It must be a genuine full-time employment—possibly with a foreign employer or a formal secondment to a non-UK position of a UK employer.

It needs to involve working equivalent hours to full-time foreign employees at the same level and in the same

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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