Non-resident non-domiciliaries wishing to benefit UK residents
Produced in partnership with Emma Pearce of Pump Court Tax Chambers
Non-resident non-domiciliaries wishing to benefit UK residents

The following Private Client guidance note Produced in partnership with Emma Pearce of Pump Court Tax Chambers provides comprehensive and up to date legal information covering:

  • Non-resident non-domiciliaries wishing to benefit UK residents
  • Straightforward gifts to individuals
  • Trusts
  • IHT
  • Ongoing tax issues
  • Planning
  • Practical points

Overseas clients (ie non-UK resident and non-UK domiciled) may wish to benefit individuals who are resident, or may become resident, in the UK. Their intention could be to make a one-off gift or it could be to make longer-term provision for the individual or group of individuals.

The tax implications for the overseas client are likely to be limited and easily managed so long as the client remains overseas. However, the client will often want to understand the tax implications on the persons benefiting from his gifts and, where trusts and companies are involved in longer-term provision, the tax implications on the trustees and companies.

Where UK residential property is involved, special considerations apply. Reference should be made to Non-resident CGT—summary, UK home ownership structures for non-UK domiciliaries—outline and IHT on UK residential property held indirectly by non-domiciliaries from 6 April 2017.

This Practice Note applies to clients who are not resident in the UK and who are neither actually domiciled, nor deemed domiciled in the UK. See Practice Note: UK resident non-domiciliaries—tax planning and the update above.

The persons they intend to benefit are resident in the UK and may or may not be (actually or deemed) domiciled in the UK.

Where the person they intend to benefit is resident but not domiciled in the UK, that person may be claiming the remittance basis. Such