Difference between revisions of "Main Page"

From TFD Online 2023-24
Jump to: navigation, search
(48 intermediate revisions by the same user not shown)
Line 1: Line 1:
<big>This website provides comprehensive information about:
+
<big>This site provides comprehensive information about:
 
# Taxation of foreign domiciliaries
 
# Taxation of foreign domiciliaries
 
# Taxation of non-residents on UK income and assets
 
# Taxation of non-residents on UK income and assets
 
# Taxation of UK residents on foreign income and assets  
 
# Taxation of UK residents on foreign income and assets  
  
It is the online version of the 2016/17 edition of [http://www.kessler.co.uk/taxation-of-foreign-domiciliaries/ ''Taxation of Non-Residents and Foreign Domiciliaries''] by [http://www.kessler.co.uk James Kessler QC]  
+
It is the online version of [http://www.kessler.co.uk/taxation-of-foreign-domiciliaries/ ''Taxation of Non-Residents and Foreign Domiciliaries''] by [http://www.kessler.co.uk James Kessler QC].
 
+
The text is based on the the printed edition of the book, and there has been a certain amount of subsequent updating.
+
  
 
<div style="float: left; width: 33%">
 
<div style="float: left; width: 33%">
  
 
<big>'''Contents'''</big>
 
<big>'''Contents'''</big>
 
[http://www.foreigndomiciliaries.co.uk/index.php/Updates Updates]
 
  
 
[[Introduction]]
 
[[Introduction]]
Line 18: Line 14:
 
:1  [[Foreign Domicile: Tax Policy and Reforms]]
 
:1  [[Foreign Domicile: Tax Policy and Reforms]]
  
:2  [[Wake Up and Smell the Coffee: Public Debate on Tax Avoidance]]
+
:2  [[Tax Avoidance: Public Debate]]
  
 
:3  [[Domicile]]  
 
:3  [[Domicile]]  
  
:4  [[Deemed Domicile for IHT]]
+
:4  [[Deemed Domicile]]
  
:5  [[Deemed Domicile from 2017]]
+
:5  [[Residence of Individuals]]
  
:6  [[Residence of Individuals]]
+
:6  [[Residence of Trustees]]
  
:7  [[Residence of Trustees]]
+
:7  [[Treaty-Residence]]
  
:8  [[Treaty-Residence]]
+
:8  [[Exit Taxes]]
  
:9   [[Exit Taxes]]
+
:9 [[Split Years: Arrival and Departure]]
  
:10  [[Split Years: Arrival and Departure]]
+
:10  [[Temporary Non-residence: Post-2013 Departures]]
  
:11 [[Temporary Non-residence: Post-2013 Departures]]
+
:10A [[Temporary Non-residence: Pre-2013 Departures]]
  
:11A [[Temporary Non-residence: Pre-2013 Departures]]
+
:11 [[The Remittance Basis]]
  
:12  [[The Remittance Basis]]
+
:12  [[The Meaning of Remittance]]
  
:13  [[The Meaning of Remittance]]
+
:13  [[Remittance Reliefs]]
  
:14  [[Remittance Reliefs]]
+
:14  [[Mixed Funds]]
  
:15  [[Mixed Funds]]
+
:15  [[Income Categories and Sources]]
  
:16  [[Income Categories and Sources]]
+
:16  [[Trading Income]]
  
:17  [[Trading Income]]
+
:17  [[Trading in Land]]
  
 
:18  [[Entertainers and Sportspeople]]
 
:18  [[Entertainers and Sportspeople]]
Line 118: Line 114:
 
:50  [[Investment Manager Exemptions]]
 
:50  [[Investment Manager Exemptions]]
  
:51  [[Loans from Non-Resident Companies]]
+
:51  [[Investment Management Fees & Carried Forward]]
  
:52  [[Rates of Tax]]
+
:52  [[Loans from Non-Resident Companies]]
  
:53  [[Personal Allowances and Annual Exemptions]]
+
:53  [[Rates of Tax]]
  
:54  [[National Insurance Contributions]]
+
:54  [[Personal Allowances and Annual Exemptions]]
  
:55  [[Capital Gains of UK Residents]]
+
:55  [[National Insurance Contributions]]
  
:56  [[Gains of Non-Resident Settlor-Interested Trusts: s.86]]
+
:56  [[Gains of UK Residents]]
  
:57  [[Capital Payments from Non-Resident Trusts: s.87]]
+
:57  [[Gains of Non-Resident Settlor-Interested Trusts: s.86]]
  
:58  [[Borrowing by Non-resident Trust: Sch 4B]]
+
:58  [[Capital Payments from Non-Resident Trusts: s.87]]
  
:59  [[Gains of Non-Resident Companies]]
+
:59  [[Borrowing by Non-resident Trust: Sch 4B]]
  
:60  [[Capital Losses]]
+
:60  [[Protected Trusts]]
  
:61  [[Foreign Currency Issues]]
+
:61  [[Sub-Funds]]
  
:62  [[Unremittable Assets]]
+
:62  [[Gains of Non-Resident Companies]]
  
:63  [[Double Taxation Arrangements: Introduction]]
+
:63  [[Capital Losses]]
  
:64  [[DTA Anti-abuse Rules]]
+
:64  [[Foreign Currency Issues]]
  
:65  [[Foreign Tax Credit Relief]]
+
:65  [[Unremittable Assets]]
  
:66  [[EU Law and UK Taxation]]
+
:66  [[Double Taxation Arrangements: Introduction]]
  
:67  [[Excluded Property: Definition]]
+
:67  [[DTA Anti-abuse Rules]]
  
:68  [[Excluded Property Exemptions]]
+
:68  [[Foreign Tax Credit Relief]]
  
:69  [[Wills and IOVs]]
+
:69  [[EU Law and UK Taxation]]
  
:70  [[Reservation of Benefit]]
+
:70  [[Excluded Property: Definition]]
  
:71  [[IHT Consequences of Transfers Between Trusts]]
+
:71  [[Excluded Property Exemptions]]
  
:72  [[IHT Deduction for Debts]]
+
:72  [[Wills and IOVs]]
  
:73  [[Double Inheritance Taxation: Introduction]]
+
:73  [[Reservation of Benefit]]
  
:74  [[IHT DTTs: India, Pakistan, Italy, France]]
+
:74  [[Inter-Trust Transfers: IHT]]
  
:75  [[IHT DTT: USA]]
+
:75  [[IHT Deduction for Debts]]
  
:76  [[IHT DTT: Switzerland]]
+
:76  [[IHT Double Taxation Treaties - Introduction]]
  
:77  [[Foreign IHT Credit Relief]]
+
:77  [[IHT DTAs: India, Pakistan, Italy, France]]
  
:78  [[Marriage with Non-dom or Non-resident]]
+
:78  [[IHT DTA: USA]]
  
:79  [[Private Residence Relief]]
+
:79  [[IHT DTA: Switzerland]]
  
:80  [[Residential Property of Non-Residents: NRCGT]]
+
:80  [[IHT DTA: Netherlands]]
  
:81  [[Family Home and Chattels: Benefit in Kind Charges]]
+
:81  [[Foreign IHT Credit Relief]]
  
:82  [[Corporate Residential Property]]
+
:82  [[Marriage to Non-dom or Non-resident]]
  
:83  [[Pre-Owned Assets]]
+
:83  [[Private Residence Relief]]
  
:84  [[Joint Accounts]]
+
:84  [[Residential Property of Non-Residents: NRCGT]]
  
:85  [[Estates of Deceased Persons: CGT]]
+
:85  [[Family Home and Chattels: Benefit in Kind Charges]]
  
:86  [[Estates of Deceased Persons: Income Tax]]
+
:86  [[Corporate Residential Property]]
  
:87  [[Who is the Settlor?]]
+
:87  [[Residential property: IHT]]
  
:88  [[Trusts with Two or More Settlors]]
+
:88  [[Pre-Owned Assets]]
  
:89  [[Situs of Assets for IHT]]
+
:89  [[Joint Accounts]]
  
:90  [[Situs of Assets for CGT]]
+
:90  [[Estates of Deceased Persons: CGT]]
  
:91  [[Foreign Entities]]
+
:91  [[Estates of Deceased Persons: Income Tax]]
  
:92  [[Hybrid Entities]]
+
:92  [[Who is the Settlor?]]
  
:93  [[Control Connected Close and Related Expressions]]
+
:93  [[Trusts with Two or More Settlors]]
  
:94  [[Permanent Establishment and Branch/Agency]]
+
:94  [[Situs of Assets for IHT]]
  
:95  [[Disclosure and Compliance]]
+
:95  [[Situs of Assets for CGT]]
  
:96  [[Disclosure and Compliance: IHT]]
+
:96  [[Foreign Entities]]
  
:97  [[Swiss Tax Agreement]]
+
:97  [[Hybrid Entities]]
  
:98  [[Criminal Law and Professional Conduct]]
+
:98  [[Control Connected Close and Related Expressions]]
  
:99  [[Client Notification Regulations]]
+
:99  [[Permanent Establishment and Branch/Agency]]
 +
 
 +
:100  [[Disclosure and Compliance]]
 +
 
 +
:101  [[Disclosure on Death ]]
 +
 
 +
:102 [[Disclosure of Offshore Trusts]]
 +
 
 +
:103  [[Criminal Law and Professional Conduct]]
  
  
 
:[[Appendix 1: Common Expressions]]
 
:[[Appendix 1: Common Expressions]]
  
:[[Appendix 2: Construction of Deeming Provisions]]
+
:[[Appendix 2: Consideration, Arm's Length/Full Value]]
  
:[[Appendix 3: What Do We Mean by "Real"?]]
+
:[[Appendix 3: Associated Operations: IHT]]
  
:[[Appendix 4: Parliamentarians]]
+
:[[Appendix 4: Construction of Deeming Provisions]]
  
:[[Appendix 5: Visiting Forces]]
+
:[[Appendix 5: What Do We Mean by "Real"?]]
  
:[[Appendix 6: How to Improve Residence and Domicile Taxation]]
+
:[[Appendix 6: Parliamentarians]]
  
:[[Appendix 7: Reform of Offshore Anti-avoidance Rules]]
+
:[[Appendix 7: Visiting Forces]]
  
:[[Appendix 8: UK Arrival or Departure: Tax Checklist]]
+
:[[Appendix 8: How to Improve Residence and Domicile Taxation]]
  
:[[Appendix 9: Welsh Devolution]]
+
:[[Appendix 9: Reform of Offshore Anti-avoidance Rules]]
  
 +
:[[Appendix 10: UK Arrival or Departure: Tax Checklist]]
 +
 +
:[[Appendix 11: Welsh Devolution]]
  
 
</div>
 
</div>
  
 +
 +
<big>'''New 2017/18 edition'''</big>
 +
 +
The text is based on the Finance Bill (March 2017) and draft domicile clauses published July 2017. (At present some chapters remain to be updated: this is noted at the top of the chapter where appropriate. Some further formatting work also remains to be completed.  However the most important areas are up to date.)
 +
 +
The printed edition of the book, based on the Finance (no.2) Act in its final form, will be published in  November, and TFD online will then be updated to the text of the published book. 
 +
 +
To access TFD online you will need to order a copy of the new edition and an online licence. To order the book, go to [http://www.khpplc.co.uk/products/91/Taxation-of-Non-Residents-and-Foreign-Domiciliaries the publishers online ordering]; to order a licence go to [http://www.khpplc.co.uk/products/82/Taxation-of-Non-Residents-and-Foreign-Domiciliaries-16th-Online-Edition online ordering] or [mailto:[email protected]?Subject=TFD%20online%20enquiry click here]
 +
 +
Licences for the old edition are no longer valid.
  
 
<big>'''How to login'''</big>
 
<big>'''How to login'''</big>
  
You need to register with the password for the current edition. Registration for an earlier edition is not valid.
+
Most of this site requires you [[Special:Userlogin|to login]]. To obtain a login licence:
  
Most of this website requires you [[Special:Userlogin|to login]]. To obtain a login licence:
+
: Every copy of the printed book has a 3 week trial licence (see inside back cover of volume 1)
  
- Every copy of the printed book has a 3 week trial licence (see inside back cover of volume 1)
+
:•  You may purchase a single or multiple user licence:  To obtain these, go to the publishers online ordering [http://www.khpplc.co.uk/products/82/Taxation-of-Non-Residents-and-Foreign-Domiciliaries-15th-Online-Edition here (book)] and [http://www.khpplc.co.uk/products/82/Taxation-of-Non-Residents-and-Foreign-Domiciliaries-15th-Online-Edition here (licence)].  For multiple user licence [mailto:[email protected]?Subject=TFD%20contact%20publisher%20request%20multiple%20user%20licences contact the publishers].
  
- You may purchase a single or multiple user licenceTo obtain these, go to the publishers online ordering [http://www.khpplc.co.uk/products/82/Taxation-of-Non-Residents-and-Foreign-Domiciliaries-15th-Online-Edition here (book)] and [http://www.khpplc.co.uk/products/82/Taxation-of-Non-Residents-and-Foreign-Domiciliaries-15th-Online-Edition here (licence)]
+
: Without logging in, you can access: chap 1 [[Foreign Domicile: Tax Policy and Reforms]]; chap 2 [[Wake Up and Smell the Coffee: Public Debate on Tax Avoidance]]; chap 11A [[Temporary Non-residence: Pre-2013 Departures]].
For multiple user licence [mailto:[email protected]?Subject=TFD%20contact%20publisher%20request%20multiple%20user%20licences contact the publishers].
+
  
Without logging in, you can access chapters 1 [[Foreign Domicile: Tax Policy and Reforms]]; 2 [[Wake Up and Smell the Coffee: Public Debate on Tax Avoidance]]; 11A [[Temporary Non-residence: Pre-2013 Departures]]; 99 [[Client Notification Regulations]].
+
You enter this site once you have registered and [[Special:Userlogin| logged in]] by clicking on the index on the left, or you can search the text.
  
You may enter this site once you have registered and [[Special:Userlogin| logged in]] by clicking on the index on the left, or you can search the text.
+
You need to register with the password for the current edition. Registration for an earlier edition is not valid.
  
 
<big>'''How to comment'''</big>
 
<big>'''How to comment'''</big>
  
Users can also [[contribute to the text and correct slips or errors]] and if you see anything that needs correcting or expanding, please do.  A copy of the next edition of the book will be given to the user who makes the most edits.  User contributions are reviewed by [http://www.taxchambers.com/barrister/oliver-marre/ Oliver Marre].  ''The edit facility is temporarily down but should be restored shortly.''
+
Users can also [[contribute to the text]] and if you can add anything extra which is worth saying, or spot anything that needs to be corrected, please do!.  A copy of the next edition of the book will be given to the user who makes the most edits.  User contributions are reviewed by [http://www.taxchambers.com/barrister/oliver-marre/ Oliver Marre].   
  
 
<big>'''If you want further advice'''</big>
 
<big>'''If you want further advice'''</big>
  
If you do not find the answer to your question in TFD online, or if you want advice on which you can legally rely, you may instruct James Kessler QC to advise.  For further information see [[How to instruct James Kessler QC]].
+
If you do not find the answer to your question here, or if you want advice on which you can legally rely, you may instruct James Kessler QC to advise.  See [[How to instruct James Kessler QC]].
  
 +
<big>'''Archive editions'''</big>
  
<big>'''TFD archive editions'''</big>
+
There are [[archive editions]] for years since 2003/04.  These will occasionally be useful to investigate the tax position in earlier years, but the current edition will generally be the best starting point, as that has been written in the light of current HMRC guidance, and further thought and research.
 
+
There are [[archive editions]] for years since 2008/09.  These will occasionally be useful to investigate the tax position in earlier years, but the current edition will generally be the best starting point, as that has been written in the light of current HMRC guidance, and further thought and research.
+
 
+
  
 
<big>'''Contact '''</big>
 
<big>'''Contact '''</big>
Line 277: Line 291:
  
 
For multiple user licences, or to install on a firm's intranet, [mailto:[email protected]?Subject=TFD%20contact%20publisher%20request%20multiple%20user%20licences contact the publishers].
 
For multiple user licences, or to install on a firm's intranet, [mailto:[email protected]?Subject=TFD%20contact%20publisher%20request%20multiple%20user%20licences contact the publishers].
 
  
 
<big>'''Technical notes'''</big>
 
<big>'''Technical notes'''</big>

Revision as of 07:53, 17 September 2017

This site provides comprehensive information about:

  1. Taxation of foreign domiciliaries
  2. Taxation of non-residents on UK income and assets
  3. Taxation of UK residents on foreign income and assets

It is the online version of Taxation of Non-Residents and Foreign Domiciliaries by James Kessler QC.

Contents

Introduction

1 Foreign Domicile: Tax Policy and Reforms
2 Tax Avoidance: Public Debate
3 Domicile
4 Deemed Domicile
5 Residence of Individuals
6 Residence of Trustees
7 Treaty-Residence
8 Exit Taxes
9 Split Years: Arrival and Departure
10 Temporary Non-residence: Post-2013 Departures
10A Temporary Non-residence: Pre-2013 Departures
11 The Remittance Basis
12 The Meaning of Remittance
13 Remittance Reliefs
14 Mixed Funds
15 Income Categories and Sources
16 Trading Income
17 Trading in Land
18 Entertainers and Sportspeople
19 Property Income
20 Deduction of interest from Property Income
21 Interest Income
22 Exempt Interest of Non-Residents
23 Dividend Income
24 Royalty Income
25 Misc Sweep-Up Income
26 Employment Income
27 Travel Expenses: Employment Income Deduction
28 PAYE
29 Employment Income: DT Relief
30 Pension and Annuity Income
31 Discretionary Trusts: Income Tax
32 IIP Trusts: Income Tax
33 Settlor-interested Trusts
34 Transfer of Assets Abroad: Introduction
35 Transfer of Assets Abroad: Transferors
36 Transfer of Assets Abroad: Non-transferors
37 Transfer of Assets Abroad: Relief from Overlapping Charges
38 Transfer of Assets Abroad: Motive Defence
39 Life Policies and Contracts
40 Offshore Funds: Definition
41 Offshore Income Gains
42 Income from Offshore Funds
43 Accrued Income Profits
44 Deeply Discounted Securities
45 Unit Trusts
46 Intermediated Securities
47 Partnerships
48 Non-Residents Income Tax Relief
49 Collection of Tax from UK Representatives
50 Investment Manager Exemptions
51 Investment Management Fees & Carried Forward
52 Loans from Non-Resident Companies
53 Rates of Tax
54 Personal Allowances and Annual Exemptions
55 National Insurance Contributions
56 Gains of UK Residents
57 Gains of Non-Resident Settlor-Interested Trusts: s.86
58 Capital Payments from Non-Resident Trusts: s.87
59 Borrowing by Non-resident Trust: Sch 4B
60 Protected Trusts
61 Sub-Funds
62 Gains of Non-Resident Companies
63 Capital Losses
64 Foreign Currency Issues
65 Unremittable Assets
66 Double Taxation Arrangements: Introduction
67 DTA Anti-abuse Rules
68 Foreign Tax Credit Relief
69 EU Law and UK Taxation
70 Excluded Property: Definition
71 Excluded Property Exemptions
72 Wills and IOVs
73 Reservation of Benefit
74 Inter-Trust Transfers: IHT
75 IHT Deduction for Debts
76 IHT Double Taxation Treaties - Introduction
77 IHT DTAs: India, Pakistan, Italy, France
78 IHT DTA: USA
79 IHT DTA: Switzerland
80 IHT DTA: Netherlands
81 Foreign IHT Credit Relief
82 Marriage to Non-dom or Non-resident
83 Private Residence Relief
84 Residential Property of Non-Residents: NRCGT
85 Family Home and Chattels: Benefit in Kind Charges
86 Corporate Residential Property
87 Residential property: IHT
88 Pre-Owned Assets
89 Joint Accounts
90 Estates of Deceased Persons: CGT
91 Estates of Deceased Persons: Income Tax
92 Who is the Settlor?
93 Trusts with Two or More Settlors
94 Situs of Assets for IHT
95 Situs of Assets for CGT
96 Foreign Entities
97 Hybrid Entities
98 Control Connected Close and Related Expressions
99 Permanent Establishment and Branch/Agency
100 Disclosure and Compliance
101 Disclosure on Death
102 Disclosure of Offshore Trusts
103 Criminal Law and Professional Conduct


Appendix 1: Common Expressions
Appendix 2: Consideration, Arm's Length/Full Value
Appendix 3: Associated Operations: IHT
Appendix 4: Construction of Deeming Provisions
Appendix 5: What Do We Mean by "Real"?
Appendix 6: Parliamentarians
Appendix 7: Visiting Forces
Appendix 8: How to Improve Residence and Domicile Taxation
Appendix 9: Reform of Offshore Anti-avoidance Rules
Appendix 10: UK Arrival or Departure: Tax Checklist
Appendix 11: Welsh Devolution


New 2017/18 edition

The text is based on the Finance Bill (March 2017) and draft domicile clauses published July 2017. (At present some chapters remain to be updated: this is noted at the top of the chapter where appropriate. Some further formatting work also remains to be completed. However the most important areas are up to date.)

The printed edition of the book, based on the Finance (no.2) Act in its final form, will be published in November, and TFD online will then be updated to the text of the published book.

To access TFD online you will need to order a copy of the new edition and an online licence. To order the book, go to the publishers online ordering; to order a licence go to online ordering or click here

Licences for the old edition are no longer valid.

How to login

Most of this site requires you to login. To obtain a login licence:

• Every copy of the printed book has a 3 week trial licence (see inside back cover of volume 1)
• You may purchase a single or multiple user licence: To obtain these, go to the publishers online ordering here (book) and here (licence). For multiple user licence contact the publishers.
• Without logging in, you can access: chap 1 Foreign Domicile: Tax Policy and Reforms; chap 2 Wake Up and Smell the Coffee: Public Debate on Tax Avoidance; chap 11A Temporary Non-residence: Pre-2013 Departures.

You enter this site once you have registered and logged in by clicking on the index on the left, or you can search the text.

You need to register with the password for the current edition. Registration for an earlier edition is not valid.

How to comment

Users can also contribute to the text and if you can add anything extra which is worth saying, or spot anything that needs to be corrected, please do!. A copy of the next edition of the book will be given to the user who makes the most edits. User contributions are reviewed by Oliver Marre.

If you want further advice

If you do not find the answer to your question here, or if you want advice on which you can legally rely, you may instruct James Kessler QC to advise. See How to instruct James Kessler QC.

Archive editions

There are archive editions for years since 2003/04. These will occasionally be useful to investigate the tax position in earlier years, but the current edition will generally be the best starting point, as that has been written in the light of current HMRC guidance, and further thought and research.

Contact

If you have technical problems, or problems logging in, click here

To contact James Kessler QC click here

To contact Oliver Marre, who reviews online contributions, click here

For multiple user licences, or to install on a firm's intranet, contact the publishers.

Technical notes

TFD online is in technical terms a Wiki on the lines of Wikipedia, but only registered users can edit the text.

Site hosting and management by Highwire