The Resource Yates v Revenue and Customs Commissioners : [2012] UKFTT 568 (TC)

Yates v Revenue and Customs Commissioners : [2012] UKFTT 568 (TC)

Label
Yates v Revenue and Customs Commissioners : [2012] UKFTT 568 (TC)
Title
Yates v Revenue and Customs Commissioners : [2012] UKFTT 568 (TC)
Creator
Contributor
Subject
Language
eng
Summary
Judgment by the First-tier Tribunal (Tax), judgment date 22 August 2012. The taxpayer was a UK-born British citizen. In 1990 she commenced living with her husband, also a UK citizen. They moved several times and eventually bought a home in the UK. For medical reasons the taxpayer moved to Spain where she rented an apartment. Her husband stayed because of business reasons in the UK. Over the years, the taxpayer made frequent trips to the UK, staying in the marital home. She had also her main bank accounts in the UK. She undertook some voluntary work in Spain. She engaged in a number of transactions by which she acquired shares in companies of her husband and sold them at substantial profits. After a few years, she returned to the UK. Revenue and Customs assessed the taxpayer for capital gains tax. The taxpayers appealed, arguing that she had not been resident in the UK at the time, and if so, she has also been resident in Spain, so the gains where taxable in Spain. The First Tier Tribunal has ruled that the taxpayer remained UK resident and ordinarily resident for UK tax purposes whilst she was living in Spain during 2000-2008. She also qualified as a UK resident under the UK-Spain double tax treaty
Citation source
In: International tax law reports. - London. - Vol. 15 (2012),
http://bibfra.me/vocab/relation/comm
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http://library.link/vocab/creatorName
Avery Jones, J.F
Geographic coverage
  • Europe
  • European Union
Language note
English
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • case law
  • tax treaty
  • residence
  • tie-breaker rule
  • habitual abode
  • treaty interpretation
Label
Yates v Revenue and Customs Commissioners : [2012] UKFTT 568 (TC)
Instantiates
Publication
Label
Yates v Revenue and Customs Commissioners : [2012] UKFTT 568 (TC)
Publication

Library Locations

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      52.3736660 4.9336932
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