Historically, offshore arrangements have been widely used by UK resident and domiciled individuals as well as UK resident non-domiciliaries to avoid UK taxation. The government's stance on offshore tax planning has hardened significantly over the years, and to limit the scope for tax planning a series of anti-avoidance measures have been introduced. Initially, such measures were mainly aimed at UK domiciled individuals but since 2008, non-domicilaries have increasingly been targeted by measures sought to restrict the benefits achieved through the remittance basis of taxation.
The most significant anti-avoidance legislation affecting offshore structures of private wealth are set out in the income tax legislation concerning transfers of assets abroad and the income tax and capital gains tax legislation concerning settlements. This subtopic considers these and other anti-avoidance provisions/principles that you need to bear in mind when advising on offshore structures, investments and transactions. Offshore tax evasion is dealt with in the Offshore tax evasion (and private client) sub-topic.
The UK has also enacted anti-avoidance regimes which are capable of encompassing more than one tax. These include:
Disclosure of tax avoidance schemes (Private Client)
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
Law360, London: Prime Minister, Andy Burnham, has been urged to introduce a tax on 'extreme wealth' in the upcoming Autumn Budget 2026, a coalition...
Private Client analysis: The Court of Protection held that continuing clinically assisted nutrition and hydration (CANH) for TB, a 19-year-old man in...
This week’s edition of Private Client highlights includes: (1) the Family Division issues a limited grant to arrange cremation in accordance with the...
Tax analysis: In Cogefin, the First-tier Tax Tribunal (FTT) held that a Bermudian company was UK resident because its central management and control...
Temporary repatriation facility—FAQsFor a summary of the changes to the taxation of non-domiciled individuals and the abolition of the remittance basis of taxation from 6 April 2025, see Practice Note: The abolition of the remittance basis of taxation from 2025–26. For information on the remittance
Private client and private international law—summary of main principlesWhat is private international law?The branch of English law known as private international law (PIL) (or the conflict of laws, in contradistinction to both the ordinary local or domestic law of England and public international
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
0330 161 1234