Case A: The Irish Numismatist
In Case 177TACD2020, a numismatist needed to prove he wasn’t in Ireland for more than 183 days in any given year from 2002 to 2006. His case hinged on receipts and card transactions, but the Appeal Commissioner ruled these were insufficient. A car rental proved only that “the appellant had occasionally rented a car,” not that he had left the country.
Case B: The Commuter from Northern Ireland
In 08TACD2020, a UK citizen commuting to work in Ireland found themselves entangled in a complex web of split residence rules, elective declarations, and inadequate documentation. While he eventually prevailed, the lack of contemporaneous evidence prolonged the process.
Case C: Kevin McCabe v HMRC
UK businessman Kevin McCabe claimed to have moved to Belgium yet retained deep UK ties through property, business operations, and frequent travel. The court found that these ties undermined his non-residence claim, resulting in a significant tax liability.
Case D: A Taxpayer v HMRC [2025] EWCA Civ 106
In this recent UK case, a taxpayer breached the 45-day limit under the Statutory Residence Test due to caring for her twin sister. The legal journey began in 2022, with the Court of Appeal overturning an earlier Upper Tribunal ruling in February 2025. In this drawnout case, the quality of evidence was called into question.
These cases all demonstrate the same thing: day counts are not enough. You need real-time, verifiable data to prove where you were and why.