The following Private Client practice note provides comprehensive and up to date legal information covering:
The concepts of residence and domicile are used to establish the extent of an individual's liability to UK taxation. This Practice Note provides a summary of the UK income tax, capital gains tax (CGT) and inheritance tax (IHT) implications for an individual of being resident and/or domiciled in the UK.
An individual who is UK resident and UK domiciled will have the closest connection to the UK and accordingly will generally pay income tax, CGT and IHT to the full extent of their worldwide income, gains and assets. In contrast, a person who is neither UK tax resident nor UK domiciled, will incur only a limited liability to UK tax on his UK situs assets. Those who are UK tax resident but who are non-UK domiciled may claim the benefit of the remittance basis of taxation in relation to their foreign income and gains and may avoid IHT altogether on their non-UK situs assets.
Residence refers to the individual's tax status on a year-by-year basis and domicile is the place which a person regards as his true home. The UK's first formal tax residency test for individuals known as the statutory residence test (SRT) took effect on 6 April 2013. Before this, whether an individual was tax resident in the UK or not was determined by a combination of limited
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The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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