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STATUTORY DEFINITION OF TAX RESIDENCE: A CONSULTATION

JULY 27TH 2011 | 11:44 TAGS: TAX

At present there is no full statutory definition of tax residence and the Government believes there is a strong case for introducing one for individuals. Most practitioners would heartily agree, given the definition largely rests on conflicting case law.

Tax residence is an essential pre-requisite for determining an individual’s tax liability so should be clear in order to be fair. To this end HMRC and HM Treasury issued a consultation document:

http://www.hm-treasury.gov.uk/consult_statutory_residence_test.htm

on 17 June 2011 in the hope that the responses will inform the draft legislation for the Finance Bill 2012. Comments are requested by 9 September 2011.

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