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Tax for Non-residents and Non-domiciles Made Clear

A Tips & Advice book about... 

In a nutshell

This book unravels the tricky tax issues that affect individual non-UK residents and non-domiciled UK residents. In a single handy volume, it covers the rules surrounding tax compliance and shows how to use residence status to enjoy tax savings. It also includes the changes that were made in Finance (No. 2) Act 2017 which affect how non-domiciles are subject to UK inheritance tax.

In detail

Written in easy to follow language, it brings this complex subject into reach of everyone. It provides clear answers to questions such as:

  • How long can you spend in the UK without becoming tax resident (the statutory residence test)?
  • When does split year treatment apply?
  • What are the tax opportunities and traps for non-residents and which rules apply?
  • What are the UK tax implications of retiring overseas?
  • How do double tax treaties and double tax relief work?
  • What is the remittance basis?
  • What’s the impact of the changes to deemed domicile, the concept of a returning UK domiciliary and the foreign pension transfer charge?

In addition, it contains a set of handy documents to help implement the planning ideas discussed, plus other useful reference material.

We've created this Tips & Advice book especially for... 

Anyone that wants to:

  • Have a clear view on the tax implications of their residence and domicile status
  • Use their residence status to enjoy tax savings

Tax advisors and accountants that want to:

  • Learn more about the tax implications of residence and domicile status
  • Provide valuable tax planning tips for non-UK residents and non-domiciled UK residents

You'll get the following free extras with this Tips & Advice book... 

An online service with ready-to-use documents

  • To immediately apply our advice and solutions in practice
  • That you can easily adapt to suit your own requirements

In this Tips & Advice book you'll read about...

Table of contents

Introduction

1. The concept of residence and domicile

1.1. Residence

1.1.1. What is tax residence?

1.1.2. How does the status affect your UK tax position?

1.1.3. How is residence determined?

1.1.4. Why was it introduced?

1.2. Domicile

1.2.1. What about domicile?

1.2.2. Why is domicile important?

1.3. Residence and domicile working together

2. Residence and the statutory residence test

2.1. Statutory residence test

2.2.1. How does the statutory residence test work?

2.2.2. What does the SRT test use to determine residence?

2.2.3. What are the rules regarding a day present in the UK?

2.2.4. What is the first exception?

2.2.5. What is the second exception?

2.2.6. What if your flight is cancelled?

2.2.7. Could you come to the UK every day without becoming resident?

2.2.8. What is a UK tie?

2.2.9. What is the consequence of the deeming rule?

2.3. Automatic overseas test

2.3.1. How does the automatic overseas test work?

2.3.2. What are “sufficient” hours worked overseas?

2.3.3. What is a gap in employment?

2.3.4. What other days can you deduct?

2.3.5. What counts as “work” for these purposes?

2.4. Automatic UK test

2.4.1. How does the automatic UK resident test work?

2.4.2. Do you need to know anything about the 183-day test?

2.4.3. What about the UK home section?

2.4.4. What counts as a home?

2.4.5. What about the UK work test?

2.4.6. What is working full time in the UK?

2.5. Sufficient ties test

2.5.1. Not automatically UK resident - now what?

2.5.2. What are the ties and corresponding number of days?

2.6. The five connecting ties

2.6.1. The family tie

2.6.2. The accommodation tie

2.6.3. The substantive work tie

2.6.4. The 90-day tie

2.6.5. The country tie

2.7. Dual residence

2.7.1. Can you be resident in more than one country at a time?

2.7.2. Permanent home test

2.7.3. Centre of vital interests test

2.7.4. Habitual abode test

2.7.5. Nationality test

2.7.6. Result

2.8. Is it possible to be tax resident nowhere and pay no tax at all?

2.8.1. No residence?

3. Splitting the tax year

3.1. Split year rules

3.1.1. Is it just a case of being resident for the tax year or not?

3.1.2. Will the split year treatment apply?

3.2. The cases for leavers

3.2.1. What are the eight cases?

3.3. The cases for arrivers

3.3.1. What if you meet the conditions for more than one case?

4. Tax treaties and double tax relief

4.1. Double taxation agreements

4.1.1. What is a double tax treaty?

4.1.2. Which countries does the UK have treaties with?

4.1.3. What if the UK doesn’t have a treaty with the country that you have income from?

4.1.4. What is special withholding tax?

4.2. Personal allowance by virtue of a tax treaty

4.2.1. Is there anything else you need to know about tax treaties?

4.2.2. Residence determined by tax treaty

4.2.3. Tax treaties and pension income

5. Becoming non-resident - rules, opportunities and traps

5.1. Becoming non-resident

5.1.1. What is the tax position if you become non-resident?

5.1.2. Can you deduct UK tax allowances when working out the tax?

5.1.3. Is the allowance automatic?

5.2. Becoming a non-resident landlord

5.2.1. What if you let out your home after you leave?

5.2.2. How do you work out profits?

5.2.3. Do you need to prepare a set of accounts?

5.2.4. Can you choose the accounting date?

5.2.5. When should you account for rental income?

5.2.6. What property expenses can you deduct?

5.2.7. What about the mortgage?

5.2.8. Will you need to register for self-assessment?

5.2.9. Are there any special rules that apply to non-residents?

5.2.10. How can you save tax on this income?

5.3. Other UK income

5.3.1. What if you have other UK income?

5.3.2. Are there saving opportunities from this?

5.3.3. What can you do with a UK one-man trading company?

5.3.4. Will your ISA still be tax free?

5.3.5. Do you have to carry on filing tax returns?

5.4. Working overseas for a UK employer

5.4.1. What if you carry on working for a UK employer?

5.4.2. What about National Insurance?

5.5. Capital gains tax

5.5.1. Residential property

5.5.2. What about other property?

5.5.3. How do you report a disposal?

6. Retiring overseas

6.1. Overview

6.1.1. How do you retire overseas?

6.1.2. If you transfer money into an offshore account will you be charged?

6.1.3. Do you need a job to get a visa?

6.2. State pension considerations

6.2.1. Can you claim your state pension if you live overseas?

6.2.2. Are your rights restricted if you don’t live in the UK?

6.2.3. How do you claim?

6.2.4. What will the tax position be?

6.3. Private pensions

6.3.1. How are private pensions treated?

6.3.2. Which treaties have the pension exemption?

6.3.3. Are there any options if there is no exemption?

6.3.4. Why is this so high?

6.3.5. So how do you find out if the scheme you want to transfer to is a QROPS?

6.3.6. Are transfers to a QROPS tax free?

6.3.7. What is the overseas transfer charge?

6.4. Other matters

6.4.1. What happens to your tax efficient UK investments?

6.4.2. Are there any tax-exempt UK investments for non-residents?

7. Domicile - and the remittance basis

7.1. Domicile

7.1.1. What is domicile?

7.1.2. What determines your domicile?

7.1.3. What is a domicile of origin?

7.1.4. What is a domicile of dependence?

7.1.5. What is a domicile of choice?

7.1.6. What are the consequences of having a UK domicile (or not)?

7.2. The remittance basis

7.2.1. What is the remittance basis?

7.2.2. What is a relevant person?

7.2.3. What is the remittance basis charge?

7.2.4. What are the concessions?

7.3. April 2017 changes - deemed domicile and rebasing

7.3.1. What does deemed domicile mean?

7.3.2. What about capital gains tax?

8. Planning for the non-domiciled

8.1. Tax-free remittances

8.1.1. Is it possible to make tax-free remittances?

8.2. Clean capital and making remittances

8.2.1. What is clean capital?

8.2.2. What if you need to make remittances?

8.2.3. What are these ordering rules?

8.2.4. Can’t you just transfer the amount into separate bank accounts before making any remittances?

8.2.5. No advice was taken before coming to the UK - are you too late?

8.3. Business investment relief

8.3.1. What is business investment relief?

8.4. Other matters

8.4.1. Can you avoid or reduce the RBC?

8.4.2. What other opportunities exist?

8.4.3. Overseas workday relief

8.5. Foreign losses

8.5.1. Can you offset foreign losses against UK gains?

9. Inheritance tax

9.1. Overview of UK inheritance tax

9.1.1. What do you need to know?

9.1.2. What is a potentially exempt transfer (PET)?

9.1.3. What is a chargeable lifetime transfer (CLT)?

9.1.4. What is the IHT rate after death?

9.1.5. What are the exemptions?

9.2. Domicile and IHT

9.2.1. Why is domicile important for IHT?

9.2.2. What are UK situs assets?

9.2.3. What if you become deemed domicile?

9.2.4. Can you get rid of a deemed UK domicile?

9.2.5. What can you do before becoming deemed UK domiciled?

9.3. Spouses

9.3.1. What about transfers to your spouse?

9.3.2. What is the election?

9.3.3. Is it worthwhile?

9.4. Shedding a UK domicile

9.4.1. How do you shed your UK domicile?

9.4.2. Is there anything else to keep in mind?

10. Appendices

Appendix 1. Schedule 45 Finance Act 2013 - the SRT

Appendix 2. Information about joint ownership

Appendix 3. Domicile flowcharts

Appendix 4. Current OECD model tax agreement

Appendix 5. List of countries with a double tax agreement with the UK

Appendix 6. Mixed fund ordering guidance

11. Documents

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