UT/2023/000012 - [2024] UKUT 00280 (TCC)

Article 1 of the DTC provides that the DTC “shall apply to persons who are residents of one or both of the contracting states”. Article 4 defines residence (so far as relevant to individuals) for the purposes of the DTC as follows:

“(1)

For the purposes of this Convention, the term “resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature; …”

Where an individual is a resident of both states, Article 4(2) contains the following “tie-breaker” provisions intended to determine where residence lies for the purpose of allocating taxing rights:

“(2)

Where by reason of the provisions of paragraph (1) of this Article an individual is a resident of both Contracting States, then his status shall be determined as follows:

(a)

He shall be deemed to be a resident of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident of the State with which his personal and economic relations are closer (centre of vital interests);

(b)

If the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be resident of the State in which he has an habitual abode;

(c)

If he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the State of which he is a national;

(d)

If he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.”