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UK Tax Exile Loses High Court Domicile Case,
by Robert Lee, Tax-News.com, London
Tuesday, November 20, 2007
The British-born businessman who is contesting a decision by HM Revenue & Customs
that he remains domiciled in the United Kingdom for tax purposes has lost his
appeal in the High Court in London.
Robert Gaines-Cooper, who has business interests all over the world, claims
that he is resident and domiciled in the Seychelles, but the court concluded - in agreement with HMRC -
that he maintained sufficiently strong ties to the UK to put his claim in doubt.
After examining the case, Mr Justice Lewison ruled that it was "impossible
to say that the only true and reasonable conclusion was that Mr Gaines-Cooper
acquired a domicile of choice in the Seychelles in 1976".
The decision upholds a ruling by the Special Commissioners that Gaines-Cooper
could not be considered non-domiciled because he maintained strong links with
the UK, for example, by schooling his son in the country, and pursuing business
and leisure interests there.
However, the court failed to clarify the rules on residence, which are subject
to some uncertainty after HM Revenue and Customs reinterpreted the 90-day residence
test in the case of Gaines-Cooper to include time spent transiting through the
UK.
While the case is potentially bad news for British-born expats who are attempting
to claim domicile in a new country, illustrating how difficult it can be to
sever ties with the country of one's birth, tax experts point out that it could
help foreign-born individuals living in the UK.
Gaines-Cooper is expected to seek leave to appeal on the residency aspect of
the case to the Court of Appeal.
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