Residence and Domicile draft amendments

§                          Residence and Domicile draft amendments 1(PDF file, 92KB)

• Residence and Domicile draft amendments 2 (PDF file, 52KB) 

-         Residents and non-residents: Liability to tax in the United Kingdom (IR20)  à jour au 15 mai 2008

proposed amendments to the residence and domicile tax rules

Royaume-Uni: la doctrine fiscale administrative

1. HMRC is publishing  more detail on the amendments to the residence and domicile tax rules which were announced by the Government at the 2007 Pre-Budget Report (PDF 72K). The documents published are:

• draft legislation (PDF 116K) covering day counting and the remittance basis of taxation (including the £30,000 charge and personal allowances for those claiming the remittance basis);
• explanatory notes (PDF 96K) in relation to this draft legislation;
• a number of frequently asked questions and corresponding answers explaining the proposals.

2. The documents are to be read in the light of the HM Treasury consultative document 'Paying a Fairer Share - a consultation on residence and domicile', published on 6 December 2007.
3. The new provisions will make a series of changes to the current rules:

• the residence rules will be amended, so that days of arrival in and departure from the UK will count towards establishing residence;
• individuals who are resident but not domiciled, or not ordinarily resident, in the UK will be required to make a claim in order to access the remittance basis of taxation for income and chargeable gains unless their unremitted foreign income and gains are less than £1000 . Individuals who opt for the remittance basis will lose their entitlement to personal allowances and the capital gains tax annual exempt amount;
• individuals who are resident but not domiciled, or not ordinarily resident, in the UK for longer than seven out of the past 10 years will only be able to access the remittance basis of taxation on payment of an annual charge of £30,000, unless their unremitted foreign income and/or gains are less than £1,000;
• the current rules will be amended to remove flaws and anomalies that allow individuals using the remittance basis to avoid paying tax on foreign income and gains where it is properly due.

4. The amendments in the draft legislation are to be put before Parliament in the 2008 Finance Bill. Subject to the Bill becoming law they will (broadly) take effect from 6th April 2008.
5. Please note that the draft legislation published today is not in its final form. Further amendments will need to be made to it, so it should be regarded as work in progress.
6. Comments on the consultative document should be sent to HM Treasury.
   
   Comments on the draft legislation only should be sent to Offshore Personal Tax team by e-mail or Offshore Personal Tax team, Room G72,
   100 Parliament Street, London SW1A 2BQ
   .
   
   The deadline for responses to the consultation document is 28 February 2008but comments on the draft legislation will be accepted beyond this date.

    

7. If you have any questions about the draft legislation please telephone 020 7147 2762, or e-mail.