In James Glyn v HMRC (TC03029 – 8 November 2013) the taxpayer claimed to have ceased to be UK resident at the beginning of the tax year 2004/05. He had arranged for the disposal of assets held in a substantial property company which he co-owned with his brother. The disposal was to trigger a substantial dividend and so loss of UK residence was crucial.
However the tribunal pointed out that the tax purpose of the Appellant’s move only fitted ‘neatly’ with his wish to severe completely any ties with his business and to live a more healthy lifestyle in Monaco.
The key question (following Gaines-Cooper) was whether Mr Glyn had established a ‘loosening’ of his ties with the UK substantial enough to establish a distinct break.
As it had always been his intention to return to the UK with his wife and to occupy the family home again...
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