header-logo header-logo

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

Tax exiles lose residency battle

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll