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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Williams published
This book is now Out of Print.
A new edition has been published, the details can be seen here:
Tolley’s Statutory Residence Test 2nd ed isbn 9780754554097

Tolley’s Statutory Residence Test

ISBN13: 9780754548010
New Edition ISBN: 9780754554097
Published: February 2014
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: Out of print

Tolley’s Statutory Residence Test will detail the new test, identify and discuss the areas of technical concern in particular the inadequate definitions of terms used in the proposed legislation as it currently stands, comment on any HMRC Guidance that is published and provide practical guidance in respect of examples of common situations.

The effect of the new Test is that a large amount of case law on which advisers have previously relied will now be redundant and concepts employed in other areas of the law will become relevant for the first time. Although the statutory test will make it easier for a person’s residence status to be determined, it is not the straightforward test that was originally proposed.

The lack of definition of various terms used in the legislation, such as ‘common law spouse or civil partner’ and ‘home’, will mean that the legislation will contain many entirely new areas of uncertainty on which practitioners will need guidance. Advisers will need a publication which analyses the meanings of key terms, by reference to statute and case law and considers any relevant Revenue guidance.

The question of where a person resides is not only technically complex but also of great practical importance to the taxpayers concerned. The book will therefore contain many practical examples illustrating the application of technical principles to realistic circumstances.

The introductory chapters will provide an overview and the remainder of the book will discuss the practical difficulties and meaning of the terms used in detail. As mentioned above, this will, no doubt, involve a detailed analysis of case law assisting in the definition of terms used.

The history of the SRT
The test (overview of the new test and how it will work)
Definitions - look at some of the more difficult areas, eg, "only home" "available accommodation"
Leaving the UK – employees
Leaving the UK – HNWIs
Coming to the UK – employees
Coming to the UK – HNWIs
The new split year test
Trustees - the impact of the SRT on trustees and the accidental importing of trusts
Ordinary residence and the new overseas workdays tests
Case law - how much will existing case law continue to apply in the SRT world
Impact of SRT on other areas of the law - eg. T.O.A., remittance basis, five year anti-avoidance rules.