residence and domicile

Question 1

when are you automatically not resident in the UK

Answer 1

if you are in the UK for fewer than 16 days in a tax year
if you are not residence for any of the previous 3 teax years and in the UK for fewer than 46 days in any current tax year
if you left the UK to work full time abroad and you are in the UK for less than 91 days in a tax year and less than 31 days in a tax year are spent working in the UK

Question 2

When are you automatically resident in the UK

Answer 2

if you are in the UK for 183 days or more in a tax year
If your only home is in the UK
If oyu work full time in the UK

Question 3

When can a split year be used

Answer 3

when leaving or arriving in the UK and you are normally resident or non resident for a full tax year

Question 4

How is a day of presence counted

Answer 4

a day in which you are present at midnight counts as one day

Question 5

What rules do you use if the automatic rules do not apply

Answer 5

sufficient ties test

Question 6

What is the sufficient ties test

Answer 6

is the spouse or minor children resident in UK
is accomodation in the UK made use of during the year
Is more than 40 days work done in the UK in a tax year
spending more than 90 days in the UK i each of the previous 2 years
spending more time in the UK than any single country

Question 7

How many of the UK ties test are relevant to someone leaving the UK

Answer 7

5

Question 8

How do the sufficient ties rule determine someone usually leaving the UK

Answer 8

if the person was resident of the previous 3 years

Question 9

How many sufficient ties apply to someone arriving in the UK

Answer 9

4

Question 10

For the sufficient ties test how is a person arriving in the UK defined

Answer 10

someone who has not been resident before

Question 11

how is UK residency determined

Answer 11

by the number of days spent in the UK and the number of UK ties they haev

Question 12

Which is more difficult to be a non resident someone leaving the UK or someone arriving in the UK

Answer 12

someone leaving

Question 13

What is the deeming rule

Answer 13

where certain conditions are met after first 30 qualifying days all subsequent days within the tax year are treated as days of presence

Question 14

What are the conditions for the deeming rule to apply

Answer 14

where someone has 3 or more ties
has been present in the UK for more than 30 days without being present at midnight
has been UK resident in one or more of the 3 pprevious tax years

Question 15

What is domicile

Answer 15

Country that is your natural home

Question 16

is it possible to have dual domicile

Answer 16

not under UK law

Question 17

What is the Domicile of origin

Answer 17

Child takes fathers domicile in England and Wales or the mothers if illegitimate
childs domicile follows parents until 16
Wifes domicile is independent of a husband

Question 18

What is a domicile of choice

Answer 18

acquired by moving to new country with the intention to permanently live there.

Question 19

what actions can determine a domicile of choice

Answer 19

living in the country, expressing intention to stay in new country, buying a house there and disposing of property in domicile of origin, getting a job or establishing a business in new country - acquiring citizenship

Question 20

How long do you have to be in the UK to be considered domiciled here

Answer 20

15 out of last 20 years

Question 21

If you have a UK domicile what assets are liable to IHT

Answer 21

all worldwide assets

Question 22

What assets are liable to IHT if you are non uk domiciled but a UK res

Answer 22

IHT on transfers of property in the UK only

Question 23

if you are non uk dom and non uk res what is your UK income tax liability

Answer 23

liable on UK investment income, employment duties carried on within the UK and income arising from property n the UK

Question 24

What is your CGT liability if you are non uk dom and non uk res

Answer 24

not liable unless you are a temp resident (uk res property and no res property exempt from this)

Question 25

When do you need to complete a self assessment if you have overseas income

Answer 25

When the earnngs are in excess of £10,000

Question 26

How does a CGT double taxation treaty work

Answer 26

usually by making the foreign tax credit paid a credit against the UK tax - no excess can be repaid though

Question 27

How does Double taxation relief apply to income tax

Answer 27

Usually able to claim exemption (total or partial) from UK tax on some types of income from UK sources

Question 28

What tax are offshore trusts liable to for a UK resident trustee

Answer 28

UK income tax & local taxation in the country of residence

Question 29

Are offshore trusts liable to CGT

Answer 29

No

Question 30

How are transfers of property into a offshore trust treated

Answer 30

a transfer of value so IHT rules apply