In Embiricos, the Upper Tribunal considered whether HMRC can be compelled to issue a ‘partial closure notice’ regarding a taxpayer’s domicile, which can be appealed by the taxpayer, without HMRC having the information to allow them to determine the additional tax at stake. The UT found in HMRC’s favour, concluding that a taxpayer must provide information regarding his foreign income and gains before HMRC is obliged to issue any closure notice regarding domicile. The decision is disappointing for taxpayers and, subject to any appeal, removes a powerful strategic weapon for anyone faced with a domicile enquiry.
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
In Embiricos, the Upper Tribunal considered whether HMRC can be compelled to issue a ‘partial closure notice’ regarding a taxpayer’s domicile, which can be appealed by the taxpayer, without HMRC having the information to allow them to determine the additional tax at stake. The UT found in HMRC’s favour, concluding that a taxpayer must provide information regarding his foreign income and gains before HMRC is obliged to issue any closure notice regarding domicile. The decision is disappointing for taxpayers and, subject to any appeal, removes a powerful strategic weapon for anyone faced with a domicile enquiry.
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
