What is domicile?
In this section we look at your ‘domicile’ and how it applies to you for tax purposes. Please note that domicile will not be relevant to your UK tax affairs if you are non-resident or are UK resident but have no foreign income or gains.
What is domicile?
Domicile is a general legal concept. It describes the country where you consider your 'roots' are or the country where you have your permanent home. It is not the same as nationality, citizenship or residence.
Every individual has a domicile, which they originally acquire at birth; it is not necessarily the country that you were born in, or are currently living in. It is only possible to have one country of domicile at any given time. You can be domiciled in a different country to where you are resident.
There are three types of domicile, explained in 'where am I domiciled?': These are domicile of origin, of dependence and of choice. In the UK, you normally self-assess your domicile status. If there is any question over your domicile status, a court can make a formal ruling on your domicile.
You can find out more about domicile in HM Revenue & Customs’ (HMRC) RDR1 booklet on GOV.UK.
Why is domicile important?
It is important that you know where you are domiciled as it can affect your tax position. If you are resident but no domiciled in the UK, you may not have to pay UK tax on your foreign income and gains.
The following bullet points summarise your tax position in different situations:
- If you are UK resident and UK domiciled – you pay UK tax on all of your worldwide income and gains in the tax year in which they arise, regardless of whether the income and gains arise in the UK or overseas. This is the called the ‘arising basis’ of taxation.
- If you are UK resident and not domiciled in the UK – you pay UK tax on your UK income and gains on the arising basis. You can choose to pay UK tax on your foreign income and foreign gains on either the arising basis or the 'remittance basis' of taxation.
The table illustrates broadly how income and gains are taxed in the UK, depending on your residence and domicile status.
|UK Domicile Status||UK Residence Status||UK Income||UK Gains||Foreign Income||Foreign Gains|
|UK domicile||Resident||Arising basis||Arising basis||Arising basis||Arising basis|
|Non UK domicile||Resident||Arising basis||Arising basis||Arising basis or remittance basis||Arising basis or remittance basis|
This is the position under UK domestic law. There may be different treatment for particular types of income and gains under the terms of a relevant double taxation agreement.
There is more information on this topic on our website 'how are foreign income and gains?'
Does domicile matter if I am working in the UK?
Domicile will not usually affect how you are taxed on your employment income, if you do all of your work for an employer in the UK. This is because this is UK source income and UK source income is nearly always taxable in the UK.
It may affect your employment income position if you are UK tax resident, have some workdays for your employer that are outside the UK and you meet the conditions for ‘overseas workdays relief’ during the first 3 years of UK residence.
Domicile may affect the tax you pay on any other income or capital gains you may have which arise outside the UK if you are classed as UK resident and working here.
Domicile will not be relevant to any income or capital gains you may have which arise outside the UK if you are non-resident, as non-residents are only taxable on UK source income.