Residence: The Definition in Practice 5th Edition

This book explains how the statutory residence test (SRT) is applied in practice. The SRT for individuals is especially relevant for income tax and capital gains tax but the rules also apply in some circumstances for inheritance tax and corporation tax purposes.

New for this edition:

• Case law confirmation that the SRT does more than merely codify previous HMRC practice
• Likely increasing relevance of residence in relation to IHT with abolition of domicile rules
• Important new section on residence and double tax treaties
• Expanded commentary on importance of distinction between arrivers and leavers
• Clarification re work carried out in the course of an unincorporated property business
• Expanded commentary re children resident for education (re end of term dates)
• Clarification re limited meaning of “close relative”
• Court of Appeal discussion re meaning of “night” in the context of statutory residence
• Upper Tribunal guidance re interpretation of “exceptional circumstances”
• Clarification that FCDO travel advice can differ as between different parts of any given country
• Upper Tribunal guidance re meaning of “home”
• Expanded definition of parenting leave
• Clarification re cap on tax liability of non-residents
• New chapter on non-residence under SDLT rules