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21 February 2014 / Peter Vaines
Issue: 7595 / Categories: Features , Commercial
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Taxing matters

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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
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The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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