HMRC Interpretation of Non-Residence: The Latest Gaines-Cooper Court of Appeal Judgment

Residency rules in the 1973 IR20 booklet were in question in the Gaines-Cooper case, but the HMRC6 guidance of April 2009 may be more relevant now to those wishing to lose UK residency, according to Macfarlanes. However, the new guidance has been described as deliberately vague and a work in progress. The authors argue that the time has come for a comprehensive statutory residence test like that of the United States.