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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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U.S. Investment in U.K. Real Estate Investment – Separated by a Common Language

U.S. Investment in U.K. Real Estate Investment – Separated by a Common Language

It is common for U.S. individuals investing in commercial real estate in the U.K. to adopt a two-tier structure through which U.K. real estate is owned. It is also common to hold each property through a separate special purpose vehicle (“S.P.V.”) formed in the U.K. In their article, George Mitchel, a Partner in Forsters L.L.P, London, Heather Corben, a Partner in Forsters L.L.P, London, and Amy Barton, a Senior Associate in Forsters L.L.P, London, explain how this relatively simple structure (i) enables a U.S. resident investor to eliminate two levels of tax on distributed profits, (ii) creates foreign tax credit limitation in the U.S. allowing a U.S. resident investor to obtain an immediate foreign tax credit for U.K. taxes as gains are harvested at the time shares of a U.K. limited company are sold, and (iii) allows the estate of a U.S.-resident investor to obtain benefits under the U.K.-U.S. Estate Tax Treaty limiting death duties to taxes imposed in the U.S. They also caution about a particular risk if a structure is headed by a U.S. grantor trust having one or more U.K. residents as beneficiaries.

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