Topic 1 Domicile & Residence Flashcards

1
Q

Residence is definitely as what?

A

Where a person is living for tax purposes in a particular year

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2
Q

Domicile is defined as what?

A

The country someone calls home

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3
Q

Which tax would would a domicile of the UK normally pay?

A
  • Income tax
  • Capital Gains Tax (CGT) (on worldwide income)
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4
Q

Which tax would a domicile of the UK normally be liable to?

A

Inheritance Tax (IHT)

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5
Q

The Statutory Residence Test (SRT) determines what?

A

Whether a person is residence for tax purposes

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6
Q

Which Residence test is this?

  • Spend less than 16 days in the UK in that tax year
    Non UK resident for in any of the previous 3 tax years & spent less than. 46 days in the current tax year
  • Work overseas spent less than 91 days in the UK in the current tax year with less than 31 working
  • Spent less than 46 days in the UK in the current tax year & non residence in the last 2 years
A

Automatic Overseas Test

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7
Q

Which Residence test is this?

  • Have a home in the UK for 90 days (30 days in current tax year)
  • Live in the UK for 365 days + in current tax year
A

Automatic UK Tests

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8
Q

What percentage of the days must a person do more than 3 hours work to qualify as a UK resident?

A

75%

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9
Q

Which Residence test is this?

  • Family tie
  • Accommodation tie
  • Work tie
  • 90 day tie
  • Country tie
A

Sufficient ties test

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10
Q

Which Sufficient ties test tie is this?

  • Spouse or Civil partner
  • Co-habiting partner
  • Minor child
A

Family tie

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11
Q

Which Sufficient ties test tie is this?

  • Individual has UK accommodation available to them for a period of at least 91 days
A

Accommodation tie

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12
Q

Which Sufficient ties test tie is this?

Individual works in the UK for more than 3 hours a day for at least 40 days in the tax year

A

Work tie

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13
Q

Which Sufficient ties test tie is this?

Individual has spent more than 90 days in the UK for either or both of the two previous tax years

A

90 day tie

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14
Q

Which Sufficient ties test tie is this?

UK is where the invidual has spent the greatest number of days in the tax year

A

Country test

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15
Q

If resident in 1 or more of 3 of the previous tax years how many ties would a person who has spent 16-45 days of the current tax year would they need?

A

4 or more

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16
Q

If resident in 1 or more of 3 of the previous tax years how many ties would a person who has spent 45-90 days of the current tax year would they need?

A

3 or more

17
Q

If resident in 1 or more of 3 of the previous tax years how many ties would a person who has spent 91-120 days of the current tax year would they need?

A

2 or more

18
Q

If resident in 1 or more of 3 of the previous tax years how many ties would a person who has spent 121-182 days of the current tax year would they need?

A

2 or more

19
Q

If resident in the UK for none of the previous tax years how many ties would a person who has spent 46-90 days of the current tax year would they need?

A

4

20
Q

If resident in the UK for none of the previous tax years how many ties would a person who has spent 91-120 days of the current tax year would they need?

A

3 or more

21
Q

If resident in the UK for none of the previous tax years how many ties would a person who has spent 121-182 days of the current tax year would they need?

A

2 or more

22
Q

What is the “Domicile of Origin”?

A

Domicile acquired at birth (father domicile at birth of parents married. Mother’s if not)

23
Q

At what age can a person change their domicile?

A

16

24
Q

What is the “Domicile of choice”?

A

When an adult shoes intention to make somewhere else home

25
Q

Do UK residences need to pay tax on all income & unearned worldwide?

A

Yes

26
Q

Individuals who become non residents usually have no liability for income tax on overseas employed income.

True or False

A

True

27
Q

Individuals who become non residents usually have no liability for income tax on UK savings and investments

True or False

A

True

28
Q

For a non-resident to be free of CGT how many year would they need to be a non-resident?

A

5 years

29
Q

What is “Remittance basis” in relation to income tax?

A

Where someone who is a UK resident but Domiciled elsewhere elects to pay tax on income and gains from outside the UK when they arise

30
Q

How does “Remittance basis” tax work?

A

Where a person has overseas Income or gain in a tax year where they are residents in the UK

31
Q

The annual tax charge to use the remittance basis for a person who has been resident in the UK for 7 out of the last tax 9 years is how much?

A

£30,000

32
Q

The annual tax charge to use the remittance basis for a person who has been resident in the UK for 12 out of the last 14 tax years is how much?

A

£60,000

33
Q

If a person does not use the “Remittance Basis” will they be subject to CGT on all worldwide assets?

A

Yes

34
Q

If a person is not UK Domiciled but lives in the UK what does this mean for IHT purposes?

A

They will only pay IHT on UK residential property

35
Q

Under what circumstances could someone be present in the UK at midnight and this not count towards there UK residency?

A
  • Airline passenger (in transit)
  • Medical circumstances
36
Q

Does someone who is a UK resident but Domiciled elsewhere who uses the “Remittance Basis” still pay UK tax?

A

Yes

37
Q

From the 16th tax year of being a UK resident what happens to the their Non-UK Domicile status?

A

They are deemed UK Domicile for tax purposes