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Taxing matters

21 February 2014 / Peter Vaines
Issue: 7595 / Categories: Features , Commercial
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Peter Vaines reports on a double dose of residency tests, the tax consequences of void transactions, penalties & costs

It will take time before the uncertainties in the new statutory residence test are resolved and it is only residence nerds who will keep agonising over all the various technicalities now. However, occasionally, something important pops up which deserves wider comment.

Under the automatic UK residence test, you will be conclusively UK resident if you have a UK home which is available to you for more than 91 consecutive days and you spend more than 29 days in it. So being in the UK for 30 days can be enough to make you resident. This could be an unpleasant surprise.

This will not apply if you have an overseas home where you spend more than 29 days during the year. However, a holiday home will not count. So you have a home in the UK and you have a home in France and you spend 30 days in your French home, then you are in the

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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