CAPITAL GAINS TAX – appellant moved to Spain in 2000 and realised capital gains in 2003, 2004, 2005 and 2006 before returning to the UK in 2008 – whether at the times the gains were realised she was resident and ordinarily resident in the UK – held she was – guidance from R (oao Davies and another) v Commissioners for HMRC and R (oao Gaines-Cooper) v Commissioners for HMRC considered and applied – whether taxation of the capital gains in the UK was nonetheless precluded by her being a resident of Spain at the times the gains were realised, for the purposes of the UK/Spain Double Taxation Convention – held it was not because for the purposes of the Convention she was at those times a resident of the UK by reason of her personal and economic relations (centre of vital interests) being closer to the UK than to Spain – appeal dismissed – decision in principle
Citations:
[2012] UKFTT 568 (TC)
Links:
Jurisdiction:
England and Wales
Capital Gains Tax
Updated: 10 November 2022; Ref: scu.466112