Lord Sugar falls foul of little-known residence rule
Lord Alan Sugar has found himself in the spotlight after he alleged his accountant gave him incorrect advice in respect of his tax residence. What went wrong?

Tax residence has been on a statutory footing since 2013, so it's usually easy to determine someone’s residence as long as they have kept accurate records of their visits to the UK, working patterns, and so on. It's possible to remove or restrict one’s exposure to UK taxes by becoming non-resident, and this is a popular choice for people that look to retire overseas. This is generally uncontroversial, and cases where the plans fail tend to centre on the individual subsequently spending too much time in the UK. However, in Lord Sugar’s case there is no suggestion this happened.
Lord Sugar had relocated to Australia. Some time after this, he received a large dividend from a UK company. In general, UK income is still subject to UK income tax for non-residents, but the “disregarded income” rules mean that it’s possible to elect for the tax to be restricted to that deducted at source, i.e. £nil, in exchange for a loss of personal allowances and any double tax relief. On paper, this would appear to work. The problem is that MPs and peers are automatically deemed "resident, ordinarily resident and domiciled in the UK for the purposes of income tax, inheritance tax and capital gains tax”. The dividend was taxable in full, and Lord Sugar promptly paid the estimated £186 million.
Related Topics
-
Capital gains tax break for job-related accommodation
You’re in the process of selling a property that you bought as your home but because of your job have never lived in. You’ve been told that you’ll have to pay tax on any gain you make, but might a special relief get you off the hook?
-
Should you revoke your 20-year-old option?
Your business has let out a building to a tenant and it is now just over 20 years since you opted to tax the property with HMRC. Should you revoke it so that your tenant no longer needs to pay VAT?
-
Chip shop owner fined £40k for hiring illegal worker
A Surrey fish and chip shop owner has been left in shock after being fined £40,000 for allegedly employing someone who didn’t have the right to work in the UK, even though he conducted a right to work check. Where did this employer go wrong and what can you learn from it?