I received a call today from a person who has 14 days to appeal against a commissioners ruling. He attended the hearing unrepresented. He departed the UK on 17/04/01 and returned on 05/04/03. During this period he returned to the UK for a total of 80 days. HMRC checked for proof of absence and accepted these dates.
He thought he had won. However he had three different jobs whilst overseas, there was a three day gap between one and a two week gap between the other employments. HMRC argued that because he was unemployed in between he did not qualify for non residence.
He went to see a solicitor for advice on if he should appeal. The solicitor refered him to me.
Unfortunately I dont feel qualified to help, and am snowed under with tax returns.
Is there a simple answer to this for example HMRC are correct and dont appeal, or HMRC are incorrect because of________. Or does someone wish to take this case on? Or can someone advise a specialist in this area.
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