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Home / Simons-Taxes /Personal and employment tax /Part E6 Overseas issues /Division E6.1 Residence status /Split year treatment—pre 6 April 2013 rules / E6.124Q Split year treatment pre 6 April 2013—concessionary split year
Commentary

E6.124Q Split year treatment pre 6 April 2013—concessionary split year

Personal and employment tax

Statute up to 5 April 2013 required residence or ordinary residence to be determined for a tax year as a whole; it did not allow for an individual to be resident for part of a year and not resident for the remainder. However, ESC A11 allowed a tax year to be split in the following circumstances (provided that the concessionary treatment was not used for tax avoidance)1 allowed a tax year to be split in the following circumstances (provided that the concessionary treatment was not used for tax avoidance):

  1. Ìý

    (a)ÌýÌýÌýÌý where an individual who came to live in the UK permanently or to stay for at least two years: they were treated as resident from the date of their arrival, provided that they were not previously ordinarily resident; this applied whether or not they came to take up employment

  2. Ìý

    (b)ÌýÌýÌýÌý where an individual who had been resident in the UK (other

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