Election to be treated as UK-domiciled for IHT purposes

The news that Akshata Murty opted to claim non-domiciled (or non-dom) status has made the topic of IHT a bit more interesting recently. This non-domiciled status means that the chancellor’s wife does not have to pay an estimated total of £1.2m in UK tax on her overseas income.

Inheritance tax is quite possibly the least popular of the main taxes. However, in most cases, no IHT is payable on transfers made to a spouse or civil partner - regardless of whether this takes place during the lifetime of the person making the gift, or via the will following death.

However, this exemption is restricted if the person receiving the gift is not UK-domiciled. There is good reason for this. Non-domiciled individuals are, as Ms Murty appreciates, not subject to UK IHT on their worldwide estate, instead it’s only the value of UK-located assets that are accountable. In the absence of specific rules, value transferred to a non-dom spouse or civil partner could escape the UK IHT net altogether if that person never becomes UK-domiciled or deemed domiciled. To avoid this, the spouse exemption is restricted to £325,000 in such cases.

However, it is possible to access the unlimited intra-spouse exemption by making an irrevocable (if the individual remains UK resident) election to be treated as UK-domiciled for IHT purposes.

The election can be backdated for up to seven years and can be made at any time during the UK-domiciled spouse's lifetime. It must be made within two years of death, unless HMRC permits a late election.

The downside is that it immediately brings all the non-domiciled spouse's non-UK situs assets within the charge to UK IHT. This may not be an issue if there are no significant assets, or if the individual is likely to become domiciled/deemed domiciled in the UK prior to their death anyway. The election does not affect the domicile status for income tax or CGT purposes, so the remittance basis can still be used.

Once made, the status continues to apply unless the individual becomes non-UK resident for four consecutive years.

Further information can be found in HMRC’s Inheritance Tax Manual.

About the Author

Martin Johnson

Partner

With expertise in advising family-owned companies on a range of tax, accountancy and business issues, Martin also has an in-depth knowledge of the automotive and property sectors. In addition, he provides advice on inheritance tax planning and financial management to owner-managed businesses.  Martin leads the firm in developing its expertise in the buy-to-let sector, advising both residential and commercial property owners on relevant tax and legislation issues. A further element to Martin’s role is to build Torgersens’ relationships with banks, financial advisors and specialists in commercial and employment law to ensure that the firm’s clients have access to market-leading guidance.  

To get in touch please e-mail martin.johnson@torgersens.com.