The resident has been living for past 6 months in UK but is considering moving abroad again.
The resident will change status to overseas residency and may change tax residency.
My understanding is that only residents of England & Wales can be made bankrupt in England & Wales.The question is if the person in question in not a resident in England & Wales but still pays tax in UK can they be made bankrupt in England & Wales or would the bankruptcy order have to be made in country of residence?
The debt is from a Luxembourg creditor.
So non Uk resident (resident in Portugal) but UK tax payer with Luxembourg debt.Can Luxembourg company initiate bankruptcy proceedings against the non UK resident (but UK taxpayer) in England?
Currently the resident is employed in the UK but this may change when moving to Portugal whereupon the person will become non-resident and work for a Portuguese company but prefers UK taxation rates and to maintain a UK tax record.
My final question is whether tax domicile affects COMI.
The person in question (me, of course) plans to be resident in Portugal, working in Portugal but prefer to pay tax in UK. If necessary, I would like to prove COMI outside UK.