In the 2015 Summer Budget the Government announced plans that will affect UK resident but non-UK domiciled individuals (non-doms), who have been or expect to be tax resident in the UK for more than 15 years. These new rules will take effect from April 2017.
On 30 September 2015 the Government published a consultation document setting out further details on these ‘deemed domicile’ proposals. Any foreign domiciled individuals who have been resident in the UK for more than 15 out of the past 20 tax years will be deemed domiciled for all UK tax purposes. As a result:
- they will no longer be able to claim the remittance basis in respect of non-UK income and gains and will be subject to UK tax on worldwide income and gains as they arise; and
- both foreign and UK assets will be subject to inheritance tax (IHT).
It is also proposed that individuals with a UK domicile of origin and who are born in the UK, but who have left the UK and acquired a domicile of choice elsewhere as a matter of law, will be treated as having a UK domicile of origin for all tax purposes on their return to the UK.
There will be a special regime that applies to trusts established before an individual becomes deemed domiciled under these proposed new rules.
Changes announced in the 2015 Summer Budget also seek to extend the UK IHT net to all residential properties in the UK that are owned by non-doms, whether the non-doms and any companies that own the properties are resident in the UK or not. Further information is within KPMG in the UK’s 2015 Summer Budget commentary under the heading- changes to IHT on UK residential property owned through offshore companies. Further details are expected from the Government at the beginning of 2016.
There are also changes to the tax treatment of loans used to fund UK spending where the loan collateral includes unremitted foreign income or gains. From August 2014 all non-dom individuals (and some trustees and other relevant persons) who use such loans in the UK will be treated as making a taxable remittance, resulting in a UK tax liability.
There are to be special rules for existing arrangements in place on 4 August 2014. Loans secured on foreign income and gains collateral that were used in the UK before 4 August 2014 will be ‘grandfathered’.
There are some areas where the tax treatment of existing loans will depend on the particular fact pattern. This includes:
- Loans arranged before 4 August 2014, but not used in the UK by that date; and
- Pre-4 August 2014 loans rolling over or changing collateral after that date.
Further clarification is being sought from HMRC on the position in such circumstances.
Any individual affected by the above will need to consider the alternatives available for them. Clearly current plans should be reconsidered in light of this announcement and swift action may be required in view of the possible tax charge.
There are many issues for non-doms to consider. If you are claiming the remittance basis or are a non-dom owning or seeking to acquire UK residential property, these changes could have an impact on you.
Please get in touch with your usual Private Client contact to discuss how these changes might affect you.