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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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