Questão jurídica principal
Whether Swiss source tax on the lump-sum pension payment had to be refunded under the Switzerland-UK tax treaty and implementing rules.
Decisão extraída
No refund was due because treaty relief for a UK remittance-basis resident applies only to amounts transferred to the UK, which the taxpayer did not prove.
Fundamentação extraída
Article 27(1) CDI-GB is a lex specialis for remittance-basis residents and overrides the general treaty rule; the transfer requirement is decisive, not whether UK domestic law otherwise taxes the payment.