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Oceans apart

16 October 2012
Issue: 4375 / Categories: Comment & Analysis , Residence & domicile
HARRIET BROWN looks at issues that arise when one spouse or civil partner is not UK-domiciled

KEY POINTS

  • Inheritance tax exemption restricted.
  • Gifting part of the family home.
  • Interaction with capital gains tax.
  • Potentially exempt transfers.

Problems may arise where the spouse of a UK domiciled individual is not domiciled in the UK.

This subject which is likely to become an increasingly common problem was highlighted in a Readers’ Forum question Thai’d-up property.

One of the respondents explained that there may be an issue with the inheritance tax solution of passing property to a younger wife where the wife was not UK domiciled.

As well as potential problems for such mixed domicile couples there are also planning opportunities arising from the non-UK domicile of one of the parties.

These may perhaps balance out some of the inheritance tax downsides that arise for couples...

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