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UK domicile for tax

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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jocksta
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Posts: 10
Joined: Fri Jan 18, 2019 2:06 pm
Australia

UK domicile for tax

Post by jocksta » Wed Jan 29, 2020 11:07 am

Hi All,

Just wondering if any of you have any examples you can provide regarding the assertion of not being domiciled in the UK for tax purposes. I am in the UK on a Tier 1 (Entrepreneur) visa which is due for renewal at the end of 2021. I am completing my tax return for the FY19 tax year and I need to ascertain whether or not I would be considered UK domiciled, an important consideration for which is my intent on staying in the UK for the long term. Although I would like to stay here for the long term, the reality of my visa being renewed leaves a question mark over my ability to remain. I therefore am contending that I am not yet UK domiciled.

Any thoughts and/or experiences would be welcome.

Regards
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Zerubbabel
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Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
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Re: UK domicile for tax

Post by Zerubbabel » Wed Jan 29, 2020 12:09 pm

Hello

You probably need to talk to a tax advisor. There are plenty of consultancies where you pay a fee and get your affairs sorted.

However, what I know, regardless of your visa, you cannot live in the UK, make money in the UK and claim your are not resident for tax purposes. Taxation has nothing to do with your future plans or the future of your visa in the UK. As long as you are present in the UK now and making money in the UK, you can't tell HRMC you are not UK resident because you are uncertain about your visa in the future.
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marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: UK domicile for tax

Post by marcnath » Fri Jan 31, 2020 5:22 pm

jocksta wrote: ↑
Wed Jan 29, 2020 11:07 am
 Hi All,

Just wondering if any of you have any examples you can provide regarding the assertion of not being domiciled in the UK for tax purposes. I am in the UK on a Tier 1 (Entrepreneur) visa which is due for renewal at the end of 2021. I am completing my tax return for the FY19 tax year and I need to ascertain whether or not I would be considered UK domiciled, an important consideration for which is my intent on staying in the UK for the long term. Although I would like to stay here for the long term, the reality of my visa being renewed leaves a question mark over my ability to remain. I therefore am contending that I am not yet UK domiciled.

Any thoughts and/or experiences would be welcome.

Regards
The HMRC pages have very good information on determining domicile. If, as I suspect, you and your father were born outside UK, you pretty much can claim to be non domiciled. You can continue to be non domiciled for 13 years even if you become an UK citizen, if I recall correctly, beyond which you will be deemed domiciled. But tax benefits start to drop sharply from year 7.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
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