Residency basis
Fortunately, the 2024 Budget has changed these rules, which will provide more clarity as to whether a person’s beneficiaries are going to have to pay IHT on the deceased’s worldwide assets.
The concept of “deemed domiciled” will disappear, and a new residence-based system will take its place. An individual will be considered a “long term resident” if they have lived in England for 10 out of the past 20 years; these years do not have to have been consecutive, and one will simply have to add up all the years that the individual has lived in the UK in the past 20 years, to see whether they are considered long-term resident. If they have, then their estates will be subject to IHT.
Generally speaking, that individual will continue to be considered long-term resident in the UK for ten years after they have left the UK, as there is a “tail”, this is a tapering, and this ‘tail’ is shortened if you lived in the UK for less than 20 years. The length of his tail will depend on the years actually lived there.
But , if you have lived outside the UK for more than 10 CONSECUTIVE years, your non UK-assets will not be liable to UK IHT. The rule is as follows :
- From 6 April 2025, the test to determine whether non-UK assets are within the scope of IHT will be whether an individual has been resident in the UK for at least 10 out of the last 20 tax years immediately preceding the tax year in which the chargeable event (including death) occur
How beneficial is the change to ‘Residency Basis’ of assessment?
The benefit will depend on our personal circumstances, where your assets are based, where, potentially, they are being managed from, and the value of your assets.
The case study below illustrates:
Mr & Mrs Bloggs
- More than 10 consecutive years out of the UK in the last 20 years
Assets outside the UK include Italian compliant bonds, bank accounts, QROPS pension and a property, all jointly owned, as follows: