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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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Lowe legislation jp
Sealy millman 2018 jp
Court protection no 2
Desmith out now
Uk supremem 1 8
Williams published

Tolley’s Statutory Residence Test 2nd ed

ISBN13: 9780754554097
Previous Edition ISBN: 9780754548010
Published: December 2017
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: £129.95

In stock.

Tolley's Statutory Residence Test details 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.

1. The History of the SRT;
2. The test (an overview of the new test and how it will work);
3. Key concepts;
4. Leaving the UK: Employees, the self employed and their partners;
5. Leaving the UK: HNWIs;
6. Coming to the UK: Employees, the self employed and their partners;
7. Coming to the UK: HNWIs;
8. Split year treatment;
9. Trustee residence;
10. Abolition of ordinary residence and Overseas Workday Relief under SRT;
11. The five year trap;
12. Double tax treaties;
13. Record keeping;
14. HMRC guidance and practice