The respondent (JG) ran a property investment company with his brother for many years. As part of JG’s retirement from the business, he received a dividend of some £24.59 million in the tax year 2005/06.
JG had decided that, for 2005/06 and at least five years, he would cease to be non-UK resident. On 5 April 2005, JG left the UK and moved into an apartment in Monaco. JG and his wife retained their house in London. JG made 22 visits to London in 2005/06. HM Revenue and Customs (HMRC) assessed JG to income tax of approximately £5.5 million on the dividend. JG appealed.
The sole issue for the First-tier Tribunal (FTT) ([2013] UKFTT 645 (TC)) to determine was whether JG ceased to be UK resident for the tax year 2005/06. The FTT concluded that JG spent no more than 65 days in the UK in 2005/06. It held that JG was resident in Monaco in 2005/06, was not dual resident, and was therefore not resident in the
