Entrepreneur Robert Gaines-Cooper today lost his appeal in the Supreme Court over whether he could rely on HMRC guidance to determine residency, in a dispute stretching back almost 20 years.
The Court judged that the IR20 guidance was not binding and should not be seen as deterministic in cases of residency. Stakeholders said the judgement provides much-needed certainty for advisers and taxpayers but underlines the need for the tax code to be revised. The government is set to introduce a Statutory Residence Test in April next year. The Supreme Court ruling related to whether or not Gaines-Cooper was resident through the period 1993-94 to 2003-04, with an estimated £30m tax take at stake. Gaines-Cooper argued he had "left" the UK as long ago as 1976 and was therefore...
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