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Fulltime abroad?

20 May 2014
Issue: 4452 / Categories: Tax cases , Residence & domicile

P Daniel (TC3312)

The taxpayer was a UK-resident who formed a business in Belgium having resigned from the company MS.

He moved to Brussels in March 1999 but his family remained in the UK. He also bought a holiday home in the south of France where he had an office.

The taxpayer sold shares and options in MS in March 2000 and realised a gross gain of about £20m. HMRC issued a discovery assessment in 2009 taxing the gain. The taxpayer appealed claiming he worked full-time abroad during 1999/2000 and was not resident in the UK.

The First-tier Tribunal was “surprised and troubled that every piece of objective evidence in this case such as fax and email correspondence presentations letters and the very existence of at least three computers” was unavailable.

The judge did not suggest its absence was suspicious but said “It...

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