We welcome Yuliya Shved back for another chapter of her Ask the Expert sessions, today the topic in question is...
It is necessary to consider UK-resident domiciled and not domiciled (not deemed to be UK
domiciled) in the UK.
1) UK-resident domiciled (or deemed to be UK domiciled) individuals must pay tax on their worldwide income and assets on arising basis. This means that the individual has to pay UK tax on their worldwide income and gains for the tax year in which they arise. It does not matter whether or
not they bring the foreign income or proceeds from foreign gains to the UK.
2) UK-resident non-domiciled (and not deemed by HMRC to be UK domiciled) individual also
has to pay UK tax on his UK income and gains on the arising basis but in relation to foreign income and foreign gains he can opt for (or ‘elect’) the remittance basis of taxation. Under the remittance basis the individual pay UK tax on UK income and gains for the tax year in which they arise, but he only pays UK tax on foreign income and foreign gains if and when they are brought (or ‘remitted’) to the UK.
If a non-domiciled individual has small amounts of unremitted foreign income and gains (that is, less
than £2,000 per UK tax year), then the remittance basis applies automatically without the need to
make any choice or claim. The person will continue to be entitled to UK tax allowances, including
the personal allowance for income tax and the annual exempt amount for capital gains tax.
If unremitted foreign income and gains in a year is more than £2,000 then the individual will be
taxed on the arising basis unless he claims (or ‘elects’) the remittance basis. If he has been a resident in the UK for at least seven out of the previous nine tax years, he can only elect to use the
remittance basis if he pays a Remittance Basis Charge (RBC).
From 6 April 2017 the remittance basis charge has 2 levels of charge:
£30,000 for non-domiciled individuals who have been resident in the UK for at least 7 of
the previous 9 tax years immediately before the relevant tax year
£60,000 for non-domiciled individuals who have been resident in the UK for at least 12 of
the previous 14 tax years immediately before the relevant tax year
The remittance basis charge (of £30,000 or £60,000) must be paid in addition to any UK tax due on remittances to the UK, as well as any UK tax due on UK income and gains.