WTTG3100 - Overview

In the vast majority of cases the key aspect of the test for Welsh taxpayer status rests on establishing an individual’s ā€œplace of residenceā€.

This term is not defined by the legislation so must be given its ordinary meaning.Ā  For an individual its ordinary meaning is the dwelling in which that person habitually lives: in other words his or her home.Ā  As such, it should be regarded as having similarities to the concept of ā€œhomeā€ within the Statutory Residence Test.

This interpretation is supported by considerable case law, albeit relating to similar but not identical concepts elsewhere in law.

Note. An individual’s election of ā€˜main residence’ for Capital Gains Tax (CGT) purposes will not determine ā€˜main place of residence’ for Welsh taxpayer status purposes.