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Residence status

06 October 2015
Issue: 4521 / Categories: Tax cases , Only or main residence
M Carey (TC4634)
The taxpayer had been living and working in the UK and was resident and ordinarily resident for several years before 2010/11. In January 2011 he took a sabbatical from his employment to work in Rwanda. In December 2011 his employment was terminated and he sold his employee shares to the employer.
In his 2010/11 return the taxpayer claimed split year treatment under extra statutory concession A11. In his 2011/12 return he claimed a capital loss of £145 827 on the sale of his shares against his employment income for that year (ITA 2007 s 131 and s 132). He also stated he was not resident and not ordinarily resident in that year.
HMRC refused the claim. The taxpayer appealed.
The First-tier Tribunal said the taxpayer had ceased to be...

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