The following Employment Tax guidance note by Tolley in association with Paul Tew provides comprehensive and up to date tax information covering:
Ordinary residence was abolished for most income tax purposes from 6 April 2013 but ordinary residence remains for the purpose of:
More significantly, the concept of ordinary residence remains for the purpose of determining liability to National Insurance contributions (see the Residence and ordinary residence for social security purposes guidance note).
Ordinary residence also remains important for individuals who claim Overseas Workday Relief (OWR) under transitional provisions. See the Overseas workday relief guidance note.
Ordinary residence was not defined for tax purposes prior to 6 April 2013 but was a common law concept. Ordinary residence will, therefore, continue as the same common law concept for non-tax purposes.
It is outside the scope of this guidance note to run through all the changes to the legislation resulting from the abolition of ordinary residence but prior to 5 April 2013, resident and ordinarily resident individuals could not claim OWR. Additionally, to be liable to capital gains taxation, individuals had to be resident or ordinarily resident. From 6 April 2013, they only need to be resident. Broadly speaking the effect of the amendments can be described as:
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login