The following section discusses the issues surrounding residence.
Are treaty benefits for residents of contracting states only?
As a matter of UK law, the absence of wording defining the scope of application of the treaty means that residents of third countries may be entitled to the benefit of treaties that their country of residence is not a party to. This point was clearly made by the High Court in Inland Revenue Commissioners v Commerzbank AG and Inland Revenue Commissioners v Banco do Brasil SA.42
The 1945 US Treaty at that time contained no general scope provision. Article XV specified that: