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Abolition of the Non-Dom Regime: The State of Tax Planning for U.S. Persons with U.K. Connections

Abolition of the Non-Dom Regime: The State of Tax Planning for U.S. Persons with U.K. Connections

1.     For over 100 years, individuals who were domiciled outside of the U.K. benefitted from the non-dom tax regime. Its features are well known. Individuals who were resident but not domiciled in the U.K. could defer the imposition of U.K. tax on income and gains derived from sources outside U.K. until such time as proceeds were remitted to the U.K. It also meant that only U.K. situs assets of an individual domiciled outside the U.K would be subject to U.K. inheritance tax (“I.H.T.”). Also commonly known is that the non-dom tax regime was abolished earlier this year, being replaced with a new system based on residency. The new system came into effect on April 6, 2025, coinciding with the start of the new fiscal year. In their article, Alexa Collis, a partner of Harbottle & Lewis L.L.P., London, and Claire Walsh, an associate at Harbottle & Lewis L.L.P, London, explain the key features of the new regime. L.T.R.’s, I.H.T., Tails to I.H.T., F.I.G., C.G.T., Tails to C.G.T. and T.R.F. are explained in the context of two case studies. One case study relates to a new arrival and the other relates to a departing person. In this manner, tax buzzwords are placed into real life context. Very helpful.

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International Tax Investigations in the U.K.

International Tax Investigations in the U.K.

It is no secret that the U.K. government is anxious to raise revenue as the public sector debt is estimated to be equivalent to 98.5% of G.D.P. (approximately £2.7665 trillion). The Labour government is dead set on raising income. Non-dom taxation is gone, tax rates are on the rise, and what was capital gains for certain carried interests is ordinary income. Part of the labor program is an attack on tax evasion and avoidance. There are plans for the Labour government to invest £855m over five years in resources for H.M.R.C. to raise £2.7 billion per annum from this investment. In those circumstances, it is not unexpected that assertions of tax fraud and evasion will be raised against those caught up by the compliance initiative. Gary Ashford, a partner of Harbottle & Lewis in London, explains H.M.R.C.’s definition of tax fraud and goes on to discuss the steps that are available for those wishing to make a voluntary disclosure. It is not a pretty picture, especially for those having used offshore vehicles.

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