Gaines Cooper - a Long and Winding Road comes to an end

Posted on October 19, 2011 by Lisa Spearman

Accountancy Age is reporting on Twitter that Mr Gaines Cooper has lost in the Supreme Court. The saga which has continued for a very long time now has come to an end with the Court finding that the rules as expressed in IR20 were followed correctly. The judgement was not unanimous and the dissenting judge argued that the necessity for a clean break should have been clearly expressed.

We hope that the proposed statutory residence test will leave this case as historical interest only but if there are no transitional rules in the draft legislation (expected 6 December) then Gaines Cooper may still have an impact for 2011/12 and prior years.

Lisa Spearman is a tax adviser and a partner at Mercer & Hole. The views given in this blog are personal to the author.

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