header-logo header-logo

Tax exiles lose residency battle

25 February 2010
Issue: 7406 / Categories: Legal News
printer mail-detail

Court of Appeal rules in favour of HMRC on 91-day UK residence rule

The Court of Appeal has upheld the right of HM Revenue & Customs to tax a wealthy businessman who has lived in the Seychelles since 1976.
Robert Gaines-Cooper complied with HMRC rules to spend no more than 91 days in the UK per year. However, the court ruled that tax exiles have to show they have really left the country before the 91-day rule applies. If they have continuing connections with the UK then the rule does not apply.

In the linked cases of R (on the application of Davies and James) and R (on the application of Gaines-Cooper) [2010] EWCA Civ 83, the judges found that HMRC’s interpretation of tax guidance booklet IR20 was correct, and that Gaines-Cooper had not sufficiently severed his ties with the UK.

They rejected claims that HMRC has changed the rules on non-resident status.

Lord Justice Moses said: “[Mr Gaines-Cooper] needed to establish a distinct break from social and family ties and the Revenue asserted, and maintains its assertion that he did not make that break either in 1976, when he claims to have left permanently, or thereafter.”

In the linked judicial review, Robert Davies and Michael James unsuccessfully argued that they should be treated as non-resident under IR20 for the tax year 2001-2002 because they were in full-time employment in Belgium for a year from April 2001. Moses LJ said that people would be treated as not resident if their “absence from the UK and employment abroad both last for at least a whole tax year”. He held that, in Davies and James’ case, they did not gain non-resident status.

Sean Drury, international mobility partner, PricewaterhouseCoopers, says: “The judgment clearly emphasised that HMRC should rely on UK tax residency guidance as outlined in IR20 and that employees were not required to sever family or social ties with the UK. Although the taxpayers lost on the facts of their cases, the court ruled that the guidance HMRC had issued was binding on HMRC.”
 

Issue: 7406 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll