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20.11.2015

UK non-dom changes unfair, unreasonable and disproportionate

Serious questions are being raised by UK professional bodies in relation to the United Kingdom’s politically motivated decision to reform the taxation of non-domiciled residents.

The net effect of these proposals will be to remove the long-term non-domicile status of individuals so that non-domiciled individuals will pay tax on the same basis as UK domiciled individuals. It is argued that the proposed reforms have not been properly thought through by the government.

From 6 April 2017, any individual who has been resident in the UK for 15 out of the past 20 will be deemed domiciled for UK income tax, capital gains tax and inheritance tax purposes.

The most controversial element will take effect from April 2017 where individuals born in the UK to UK-domiciled parents will not be able to claim non-dom status after a period of residence in the UK.

Is the UK killing the non-dom goose that lays the golden egg? I for one think so! These changes will clearly affect whether an individual come to or remains in the UK.

From 6 April 2017, anyone who has been resident in the UK for 15 of the past 20 years will be deemed to be UK-domiciled for UK income tax, capital gains tax, and inheritance tax from the start of their 16th year.

From April 2017, individuals born in the UK to UK-domiciled parents will no longer be able to claim “non-dom status” for tax purposes when they are resident in the UK, even if under general law they have acquired a domicile in another country.

Following a consultation on the proposed changes, the Tax Faculty of the Institute of Chartered Accountants in England & Wales (ICAEW) has expressed concern that the provisions as presently outlined are not fair, reasonable, or proportionate; and could be contrary to EU law.”