Tax changes for non-doms from 6 April 2017

Tax changes for non-doms are to take effect from 6 April 2017.  The new rules create opportunities as well as problems. If you are non-UK domiciled, you need to be aware of the key issues and the relevant time limits for taking action.

Deemed UK Domicile for non-doms

From 6 April 2017, any non-doms resident in the UK in at least 15 of the past 20 tax years will be deemed UK domiciled for income, capital gains and inheritance tax purposes. You will no longer be able to use the remittance basis for non-UK income and gains arising after the date you became deemed domiciled.
Rebasing Non-UK Assets for CGT

If you become deemed UK domiciled, future capital gains made on the disposal of offshore assets will trigger a CGT charge in the UK. However, non-doms who become deemed domiciled on 6 April 2017 (and no later) will be able to elect for their assets held outside the UK to be revalued for capital gains tax purposes as if they were acquired on 6 April 201

Rearranging Mixed Funds

Unremitted income and gains that arose in years before the non-dom became deemed UK domiciled will still be taxed on the remittance basis. Where an offshore bank account contains a mix of unremitted overseas income, gains and tax-free (clean) capital, the UK tax rules prescribe the order in which each element is deemed to be remitted, with income generally remitted first. There will be a temporary window to last one tax year from 6 April 2017 during which non-dos can rearrange their overseas mixed funds to moving them into separate accounts.
There are also some reforms to offshore trusts as well as proposals to make Business Investment Relief more accessible. Future blogs will look at these issues in more detail but if you are a non-dom you need to be starting to consider what to do.