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Sehgal and the application of the remittance basis

Just as we contemplate the demise of the remittance basis, Oliver Marre (5 Stone Buildings) examines the first Upper Tribunal decision on a key provision on those rules.

It is unfashionable in certain company to suggest that the remittance basis of taxation for foreign domiciliaries has benefits. The pages of Tax Journal are however a safe space for those of us who tend towards the view that a rushed reform of the taxation of economic migrants might not immediately bring the benefits promised by politicians in recent months. One of the indicators of good tax legislation is that it prompts relatively little litigation. ITA 2007 s 809L – the beating heart of the remittance basis code – is by that measure remarkably successful. The only case to have dealt substantively with the section since it came into force in 2008 has been Sehgal. I wrote about the...

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