SCHEDULES

SCHEDULE 45Statutory residence test

PART 2Key concepts

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1

A person's home could be a building or part of a building or, for example, a vehicle, vessel or structure of any kind.

2

Whether, for a given building, vehicle, vessel, structure or the like, there is a sufficient degree of permanence or stability about P's arrangements there for the place to count as P's home (or one of P's homes) will depend on all the circumstances of the case.

3

But somewhere that P uses periodically as nothing more than a holiday home or temporary retreat (or something similar) does not count as a home of P's.

4

A place may count as a home of P's whether or not P holds any estate or interest in it (and references to “having” a home are to be read accordingly).

5

Somewhere that was P's home does not continue to count as such merely because P continues to hold an estate or interest in it after P has moved out (for example, if P is in the process of selling it or has let or sub-let it, having set up home elsewhere).