Here we go, it's no good leaving the UK...

[Mich the Tester]

So you own shops and factories in this country, go there frequently to supervise and expect to pay no tax on this activity?

No, the business would pay tax, but the individual would not. A bit like Philip Green.

[chef]

So you own shops and factories in this country, go there frequently to supervise and expect to pay no tax on this activity?

not if you're tax resident elsewhere and meet the countries laws on the amount of time you spend there, no.

No, the business would pay tax, but the individual would not. A bit like Philip Green.

exactly

[Mich the Tester]

not if you're tax resident elsewhere and meet the countries laws on the amount of time you spend there, no.



exactly

Precisely. I own shares in LTDs in Britain, Netherlands and Turkey. I pay corporation tax in Britain on the British company, Netherlands on the Dutch company and Turkey on the Turkish company. I pay income tax in Holland because that's where I recieve my income. I don’t expect to have to pay personal taxation in two other countries simply because I have invested in business ventures in those countries, even if in one year I might make a lot of visits for the sake of doing business, because my house and the place where I’m registered at the council is in Holland.

[ratewhore]

Precisely. I own shares in LTDs in Britain, Netherlands and Turkey. I pay corporation tax in Britain on the British company, Netherlands on the Dutch company and Turkey on the Turkish company. I pay income tax in Holland because that's where I recieve my income. I don’t expect to have to pay personal taxation in two other countries simply because I have invested in business ventures in those countries, even if in one year I might make a lot of visits for the sake of doing business, because my house and the place where I’m registered at the council is in Holland.

Agreed. I think the whole thing is a bit harsh, he met the residency rules as far as they were written, and ATW is talking out of his rear...

[chef]

and ATW is talking out of his rear...

nothing new there then

[DiscoStu]

nothing new there then

Nope...

[AtW]

Nope...

[AtW]

No, the business would pay tax, but the individual would not. A bit like Philip Green.

AFAIK Green's wife owns shares and she's got dividends.

[Tarquin Farquhar]

AtW is telling you clearly the real story but nobody is listening. The rules are clear: The 91-day/183-day rules are not the only rules here.

In general the rules for days in the UK specify that IF you exceed those limits then you WILL be resident or normally resident. Nowhere is it said that if you do NOT exceed those limits then you will not be resident.

There is no single precise definition of not being resident, normally resident, and/or domiciled in the UK. In general you would have to satisfy HMRC that you have actually left the UK permanently and not maintained a connection. So things like still having UK bank accounts, mobile phones, and certainly property, would be likely to make them think that you have not cut all ties with the UK.

[Mich the Tester]

AtW is telling you clearly the real story but nobody is listening. The rules are clear: The 91-day/183-day rules are not the only rules here.

In general the rules for days in the UK specify that IF you exceed those limits then you WILL be resident or normally resident. Nowhere is it said that if you do NOT exceed those limits then you will not be resident.

There is no single precise definition of not being resident, normally resident, and/or domiciled in the UK. In general you would have to satisfy HMRC that you have actually left the UK permanently and not maintained a connection. So things like still having UK bank accounts, mobile phones, and certainly property, would be likely to make them think that you have not cut all ties with the UK.

In other words the law is set up such that the individual has no means to assure himself of the legality of his actions but HMRC can decide retrospectively that his actions did not comply with the law?

Sounds like a f**king banana republic to me.