Whether you’re a tax resident or hold a non-UK domicile, understanding your domicile status in the UK is important for effectively managing your worldwide income for tax purposes.
The UK’s tax rules can be intricate, especially when distinguishing between ‘domicile’ and ‘residence’. This is particularly relevant if you have non-dom status, which offers distinct tax advantages and allows some residents to limit their UK tax exposure to their UK income only.
For non-domiciled individuals, knowing the ins and outs of these rules is also helpful for leveraging potential tax benefits. This Tax Natives guide on understanding domicile status in the UK will clarify all these concepts and help you understand how they apply to your situation.
Key Points
- What is domicile status?
- What are the tax implications for different domicile statuses?
- What is the impact of domicile on personal taxation?
What is domicile status?
In UK tax law, domicile is the country that a person legally considers their permanent home. It differs from ‘residence’, which relates mainly to the number of days spent in a location during the tax year.
Here’s how it breaks down in more detail:
Domicile of origin
Your domicile of origin is assigned to you at birth. You typically inherit the domicile status of your parents. This remains in place until actively replaced by a new domicile.
Domicile of choice
You can choose a new domicile by moving to a new country to live (or ‘reside’) indefinitely. Establishing a new domicile of choice requires you to provide clear evidence that you plan on living there long-term. This could include purchasing a residential property or developing strong personal and professional ties.
So, what is a non-dom?
A “non-dom” is someone with a non-domiciled status in the UK, meaning they are considered residents for tax purposes but do not regard the UK as their permanent home. This allows them to choose the remittance basis of taxation, where they are only taxed on their UK income and gains and any overseas income and gains brought into the UK.
Non-doms can benefit from various tax advantages, particularly in managing taxation on worldwide income and non-UK assets. This makes it an attractive option for those with financial interests outside the UK.
What are the tax implications for different domicile statuses
Understanding your tax status in the UK can affect how you are taxed on worldwide assets and foreign income.
Tax implications for UK domiciles
You are taxed on your worldwide income and gains if you are domiciled in the UK. All your income and capital gains, whether in the UK or abroad, are subject to UK taxes according to the standard income tax and capital gains tax rates.
Tax implications for non-domiciles
Non-domiciles have access to the remittance basis of taxation, which can alter their tax position. Under the remittance basis, non-doms are only taxed on UK income and gains. Overseas income and gains are only taxed if brought into the UK, providing a potential tax relief on foreign income not remitted.
However, claiming the remittance basis may involve losing specific tax allowances and could require payment of an annual charge if you have been a UK resident for a certain number of years.
Inheritance tax purposes
Your domicile status affects the extent of your liability for inheritance tax (IHT). UK domiciles are liable for IHT on their worldwide assets, whereas non-domiciles are only liable for IHT on their UK assets.
However, after 15 years of residence in the UK, non-domiciles become deemed UK-domiciled for IHT purposes, subjecting their global estate to UK inheritance tax.
How does your domicile status affect your personal taxation?
The intricacies of domicile and its impact on personal taxation are key for anyone managing income from UK and non-UK sources.
Income tax and remittance basis
Non-domiciled individuals can choose the remittance basis of taxation, which means you pay tax only on the income you bring into the UK. This can impact the tax on income originating from non-UK assets.
However, by choosing the remittance basis, non-domiciles might also lose entitlement to specific tax-free allowances typically available to UK residents. Different types of income—such as rental income, dividends from overseas companies, or earnings from foreign employment—are eligible for remittance.
But there’s a catch: non-doms who have been UK residents for at least seven of the last nine tax years must pay an annual charge to access the remittance basis.
Inheritance Tax
Your domicile status affects UK inheritance tax. Non-domiciled status only restricts your UK inheritance tax liability to your UK assets for a period.
However, if you are deemed domiciled in the UK—typically after 15 consecutive years of tax residence—you could be liable for UK inheritance tax on your worldwide assets.
Double Tax
Double Taxation Agreements (DTAs) are important for non-domiciled UK residents, as they help to prevent the same income from being taxed by both the UK and a foreign country. These agreements typically offer tax relief through credits or exemptions and vary depending on the type of income, such as dividends or employment earnings.
Simplifying tax matters with Tax Natives
Tax Natives is your go-to network for connecting with tax experts specialising in any area of UK tax, including domicile tax. Whether you aim to protect your assets, streamline your operations, or maximise your tax situation, our worldwide network of tax advisors can guide you through the process.
Don’t let unnecessary complexity hold you back; join the savvy business leaders who are already benefiting from the expertise of our Tax Natives network.
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