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The latest draft legislation on residence removes some of the remaining uncertainties, says MIKE TRUMAN
KEY POINTS
- Basic statutory residence test principles are unchanged and come into force in 2013/14.
- Up to 30 days working in UK now allowed before breaching full-time work abroad test.
- Anti-avoidance rule will catch more than 30 days presence in the UK when leaving before midnight.
- Overseas workday relief extended to all non-domiciles not resident in the previous three years.
Although the Revenue won’t admit it until around 2004/05 there was a tacit agreement between them and the profession not to rock the boat with residence cases.
There had been very few of any note in recent decades and the leading cases dated from the 1920s.
Only Reed v Clark [1985] STC 323 had really added anything new establishing that a taxpayer leaving the UK with the settled intention of setting...
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