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''Concepts & topics affecting more than one tax''
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Revision as of 07:05, 6 April 2021

This site provides comprehensive information about:

  1. Taxation of foreign domiciliaries
  2. Taxation of non-residents on UK income and assets
  3. Taxation of UK residents on foreign income and assets
  4. Other topics arising in this context, including tax avoidance, and disclosure and compliance

It is the online version of Taxation of Non-Residents and Foreign Domiciliaries by James Kessler QC.

Contents

Update

Introduction

Non-dom policy & avoidance

1 Foreign Domicile: Tax Policy
2 Tax Avoidance

Domicile & residence

3 Domicile
4 Deemed Domicile
5 Residence of Individuals
6 Residence of Trustees
7 Residence of Companies
8 Treaty-Residence
9 Split Years: Arrival and Departure
10 Temporary Non-residence
11 Exit Taxes
12 UK Arrival or Departure: Tax Checklist

Income Tax: Principles & remittance basis

13 Income Categorisation
14 Income Recognition: Receive/Entitled/Arise/Paid
15 Source/RFI/Territorial Principles
16 The Remittance Basis
17 The Meaning of Remittance
18 Remittance Reliefs
19 Mixed Funds

Income by category

20 Trading Income
21 Trading in Land
22 Performers
23 Property Income
24 Deduction of interest from Property Income
25 Interest Income
26 Exempt Interest of Non-Residents
27 Accrued Income Profits
28 Deeply Discounted Securities
29 Dividend Income
30 Annual Payments
31 Intellectual Property Income
32 Misc Sweep-Up Income
33 Employment Income
34 Travel Expenses: Employment Income
35 PAYE
36 Employment Income: DT Relief
37 Pension and Annuity Income

IT: General

38 Discretionary Trusts: Income Tax
39 IIP Trusts: Income Tax
40 Rates of Income Tax/CGT
41 Personal Allowances
42 Non-Resident Income Tax Relief
43 National Insurance Contributions

IT avoidance codes

44 Settlor-interested Trust Code
45 Transfer of Assets Abroad: Introduction
46 Transfer of Assets Abroad: Transferors
47 Transfer of Assets Abroad: Benefits
48 Transfer of Assets Abroad: Relief from Overlapping Charges
49 Transfer of Assets Abroad: Motive Defence
50 Profit Fragmentation
51 Transfer of Income Streams
52 Transactions in Securities

Capital Gains Tax

53 Chargeable Gains
54 UK Property Held by Non-Residents
55 Residential Property: CGT
56 Gains of Non-Resident Settlor-Interested Trusts: s.86
57 Capital Payments from Non-Resident Trusts: s.87
58 Borrowing by Non-Resident Trust: Sch 4B
59 Sub-Funds
60 Gains of Non-Resident Companies
61 Capital Losses

Funds

62 Life Policies and Contracts
63 Offshore Funds: Definitions
64 Offshore Income Gains
65 Income from Offshore Funds
66 Unit Trusts
67 Intermediated Securities
68 Investment Manager Exemptions
69 Investment Management Fees & Carried Interest

Inheritance Tax

70 IHT Terms and Concepts
71 Excluded Property: Definition
72 Excluded Property Exemptions
73 Wills and IOVs
74 Reservation of Benefit
75 Inter-Trust Transfers: IHT
76 IHT Deduction for Debts
77 IHT Close-Company Code
78 IHT Residential Property Code
79 Family Home and Chattels: Benefit in Kind Charges
80 Pre-Owned Assets
81 Loans from Non-Resident Companies

Entities

82 Partnerships
83 Partnership Income: Attribution
84 Estates of Deceased Persons: CGT
85 Estates of Deceased Persons: Income Tax
86 Foreign Entities
87 Hybrid Entities

Concepts & topics affecting more than one tax

88 Protected Trusts
89 Non-Dom/Non-Resident Spouse
90 Joint Accounts
91 Foreign Currency Issues
92 Unremittable Assets
93 [[ATED and SDLT]


51 Collection of Tax from UK Representatives




71 Double Taxation Arrangements: Introduction
72 DTA Anti-abuse Rules
73 Limitation on Benefits
74 Credit for Foreign Tax
New Non-discrimination
75 Post-Brexit EU Law



83 IHT Double Taxation Treaties: Introduction
84 IHT DTAs: India, Pakistan, Italy, France
85 IHT DTA: Netherlands
86 IHT DTA: South Africa
87 IHT DTA: Switzerland
88 IHT DTA: USA
89 Credit for Foreign IHT




98 Who is the Settlor?
99 Multiple Settlors
99B Statutory Tax Indemnities
100 Situs of Assets for IHT
101 Situs of Assets for CGT


104 Control Connected Close and Related Expressions
105 Permanent Establishment and Branch/Agency
106 A Reporting and Compliance
106 B Tax Return Filing Position
107 Claims
108 Reporting and compliance: IHT
109A Common Reporting Standard
109B Trust Registration
110 Reporting Offshore Trusts
110B International Movement of Capital: Reports
111 Penalties
112 Money Laundering


Appendices

Appendix 1 Words of Dispute
Appendix 2 Common Legal Expressions
Appendix 3 Family Terminology
Appendix 4 Consideration/Arm's Length/Full Value
Appendix 5A Commercial/View to Profit


Appendix 6 Associated Operations: IHT
Appendix 7 Deeming Provisions
Appendix 8 The Territorial Principle
Appendix 9 What Do We Mean by "Real"
Appendix 10 Parliamentarians
Appendix 11A Visiting Forces
Appendix 11B Students and Teachers
Appendix 12 How to Improve Residence and Domicile Taxation
Appendix 13 Reform of Offshore Anti-avoidance Rules


Appendix 15 The Wisdom of Parliament
Appendix 16 Participation Test




2021/22 edition

This site is in the process of being updated with the text of the 2021/22 edition of Taxation of Non-residents and Foreign Domiciliaries A paper version of the 2021/22 edition will be available in June.

To access TFD online, you will need an online licence. To obtain this, go to the publishers website or email [email protected]

Licences for the 2020/21 edition will cease to be valid on 6th April.

If you are an academic or other non-tax practitioner who wants access for research purposes, contact James Kessler

How to login

Most of this site requires you to login. To obtain a login licence:

      • Without logging in, you can access:
Chapter 1 Foreign Domicile: Tax Policy
Chapter 2 Tax Avoidance.

You enter this site once you have registered and logged in by clicking on the index on the left, or you can search the text.

You need to register for the current edition. Registration for an earlier edition will cease to be valid from 6th April.

Comments please

Users can also contribute to the text and if you can add anything, or spot anything that needs to be corrected, please do! A copy of the next edition of the book will be given to the user who makes the most edits. User contributions are reviewed by Ross Birkbeck.

If you want further advice

If you do not find the answer to your question here, or if you want advice on which you can legally rely, you may instruct James Kessler QC or other members of his chambers to advise. See How to instruct James Kessler QC.

Archive editions

There are archive editions for years since 2003/04. These will be useful to investigate the tax position in earlier years, but the current edition will generally be the best starting point, as that has been written in the light of current HMRC guidance, and further thought and research.

Contact

If you have technical problems, or problems logging in, click here

To contact James Kessler QC click here

To contact Ross Birkbeck, who reviews online contributions, click here

For multiple user licences, or to install on a firm's intranet, contact the publishers.

Technical notes

TFD online is a Wiki on the lines of Wikipedia, but only registered users can edit the text.