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Does an individual escape the UK tax net when they become non-UK resident?

03 October 2023 / Kelly Noel-Smith , John FitzGerald
Issue: 4907 / Categories: Comment & Analysis
140677
No escape

Key points

  • The UK tax regime includes anti-avoidance rules known as the ‘temporary non-residence rules’.
  • When is a person temporarily non-resident?
  • An individual may be resident for tax purposes in more than one jurisdiction and may benefit under the provisions of a double tax treaty.
  • Historically non-UK residents were not subject to CGT but since 2015 non-UK resident individuals have been liable to CGT in respect of UK residential property.
  • An individual can ‘elect’ for a property to be treated as their main residence for the purposes of PPR relief.
  • Individuals ceasing UK residence who wish to minimise their exposure to UK tax during their non-residence should ensure that they remain non-UK resident for at least six clear tax years.

Leaving the UK for tax purposes is a complicated matter. Becoming non-UK resident is not in itself enough to escape the UK tax net. In some cases the UK’s...

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