GENIE WINTER 2008

'GOING ABROAD TO AVOID UK TAX?'

The increasing number of UK citizens retiring or working abroad raises questions of liability to UK tax. The concepts which determine liability are residence and domicile, and the main principles are as follows:
  • Income arising in the UK is subject to UK tax whether or not the recipient is resident in the UK.
  • Income arising outside the UK is subject to UK tax if the recipient is resident in the UK.
  • Gains on the disposal of assets anywhere in the world are subject to UK tax if the recipient is resident or ordinarily resident in the UK.
An individual will be classified as UK resident if he or she spends 183 or more days in the UK during a tax year or fewer than 183 days but more than 90 days a year on average over a four-year period.

Individuals who are domiciled in the UK are subject to inheritance tax on their worldwide assets, and it is much more difficult to change domicile than it is to become non-resident. Account will be taken of the individual’s actions and intentions, including social and business arrangements. The retention of a UK home could well suggest that there is no intention to relinquish the ties that bind.

Graham Thomas