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05: The 2008/09 changes

The main changes which took effect from 6 April 2008 are:

  • Anyone who is UK resident but not domiciled or not ordinarily resident in the UK has to make a claim if they wish the remittance basis to apply to their overseas income and gains.
  • Anyone claiming the remittance basis loses entitlement to personal tax allowances and the capital gains tax annual exemption unless the total of their overseas income and gains in a tax year is under £2,000.
  • Anyone aged 18 or over who has been UK resident for more than seven of the previous nine tax years (including years before 2008/09) but is not domiciled (or not ordinarily resident) in the UK has in addition to pay a £30,000 annual charge if they wish to use the remittance basis.
  • A number of avenues which had been used to reduce the UK tax liabilities of the non-domiciled and not ordinarily resident, eg offshore trusts and companies, are now subject to complex new anti-avoidance provisions.
  • The rules for counting the number of days resident in the UK will include all days when the individual is in the UK at midnight.

The changes have been widely criticised, but it is most unlikely that they will be amended.Last Updated 
The FSA does not regulate tax advice. Tax rules are subject to change.