Special Commissioners overruled in residence appeal

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People with their main residence abroad who regularly visit the UK and consider themselves outside the UK tax net should think again, according to Baker Tilly.

The High Court has firmly quashed the decision of the Special Commissioner in a case known as Grace. It ruled a non-domiciled, non-UK citizen who regularly stayed in the UK while pursuing his career as an airline pilot, was resident in the UK for tax purposes, in a move Baker Tilly described as 'unwelcome'. The Special Commissioner had previously ruled Mr Grace could not be UK-resident while his main residence was elsewhere. This was on the basis that having a main residence outside the UK meant visits to the country, although regular and connected to his job, were insufficient to make ...

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