IAS Global Watch*



February 16, 2010

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United Kingdom - Judgment delivered in Judicial Review of HMRC's guidance on residency

A long awaited judgment has been handed down in the Judicial Review of Her Majesty's Revenue and Customs (HMRC) application of its guidance on UK tax residency, IR20. Although the taxpayers were unable to persuade the Court that if HMRC applied its guidance as published they would be regarded as non-resident as claimed, the guidance it had issued was held to be binding on HMRC. The taxpayer has a legitimate expectation that HMRC will not resile on its assurance that he should be regarded as not resident and not ordinarily resident, provided that he meets the terms of that guidance.

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Global Watch: United Kingdom - Judgment delivered in Judicial Review of HMRC’s guidance on residency