Commentary

I9.331 Foreign property generally

IHT, trusts and estates

I9.331 Foreign property generally

Foreign property outside the UK

I9.331 Foreign property generally

Property situated outside the UK1, which is not settled property2, is excluded property if the person beneficially entitled to it is an individual domiciled outside the UK3.

The situs of property is discussed in Division I9.4, but briefly, the ordinary principles of private international law or conflict of laws apply to determine situs, subject to the application of any relevant double taxation agreement and to the (few) statutory provisions concerning situs4.

The principles governing domicile are discussed in Division I9.2. It should be noted however that the deemed domicile rules5 will apply

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