R Kimber v HMRC

In R Kimber v HMRC (TC01803 – 27 February) a British subject (K) had been a partner in a firm of stockbrokers. He had been resident in the UK from 1994 until September 1997 when the firm posted him to an office in Japan. He continued to work in Japan until he resigned from the partnership on 11 July 2005. He returned to the UK on 17 July and stayed at his mother’s house in Kent until 30 July when he went to Italy on holiday. He remained in Italy until 28 August. While he was in Italy he disposed of a significant holding of shares. HMRC issued a ruling that CGT was chargeable on the disposal on the basis that K had become resident in the UK when he returned from Japan on 17 July. K appealed contending that he...