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Taxation: Domicile

Volume 508: debated on Tuesday 6 April 2010

To ask the Chancellor of the Exchequer (1) if he will take steps to ensure that UK nationals may not be non-domiciled for income tax purposes if evidence shows that to all intents and purposes the UK is their main residence; (324333)

(2) if he will bring forward proposals to reduce the number of days spent in the UK for nationals who were non-domiciled for tax purposes.

The Government reformed the rules on the taxation of non-domiciled individuals in 2008 to make them fairer.

An individual's liability to UK tax on their worldwide income and gains is linked to their residence and domicile status.

Tax residence in part depends on the amount of time spent in the UK but the other connections an individual builds or maintains in the UK may also be significant.

Domicile is a general law concept that is used for some tax purposes. It is separate to residence and does not depend on the number of days spent in the UK. Someone who is UK resident has significant connections to the UK, the current rules act to ensure that they make an appropriate contribution to the UK tax system.

Further guidance is available at:

http://www.hmrc.gov.uk/cnr/hmrc6.pdf

To ask the Chancellor of the Exchequer what his latest estimate is of the number of UK nationals who are non-domiciled for income tax purposes. (324335)

[holding answer 25 March 2010]: No such estimate has been made. Individuals are not required to indicate whether they are UK nationals on their self-assessment tax return.

To ask the Chancellor of the Exchequer if he will estimate the loss to the Exchequer arising from UK nationals who are non-domiciled for tax purposes in the latest period for which figures are available. (324336)

[holding answer 25 March 2010]: No such estimate has been made. Individuals, including those who are non-domiciled, are not required to declare any income and gains that are not taxable in the UK when completing their self-assessment tax return.