EUROPE | UK 46 TAXATION AWARDS 2021 between domicile and residence which is important to factor in. ‘Domicile’ relates to your longterm home whereas ‘residence’ is much more about where you are right now. If you have a domicile of origin in the UK, you will be taxable on your worldwide income and gains from the moment you become resident so you have time to implement the advice you’re given before it’s too late. Firstly, you should understand exactly when tax residence is triggered so you can determine the date your planning needs to be completed. The US rules consider the number of days of physical presence over a threeyear period, so if you’ve visited there before you relocate, this could bring forward the date that your residence begins. There’s also the ‘Green Card’ test. If you have a valid Green Card, you’ll become resident from the first date that you arrive in the US after the Green Card is issued. The UK has a much more complex series of residence tests. As well as the number of days you’re present in the UK, you need to consider the number of ties you have - these are things like homeownership, family ties or time spent working in the UK. There’s also a distinction there but if you are non-UK domiciled, you may be able to spend a period of time in the UK with no tax on your offshore in come and gains. If this is a possibility, you’ll benefit from specialist advice on how to arrange your affairs to utilise the opportunity. After understanding these different nuances, the main points to consider before relocating are: • Do you have assets with unrealised gains that could be sold or rebased before you relocate or assets that would be taxed punitively after you relocate? Both the UK and the US have a tax on capital gains and they both have rules that target certain types of overseas investment, making them unsuitable once you become resident there. • Do you own real estate in your country of origin and what do you intend to do with it when you move? "If you have a domicile of origin in the UK, you will be taxable on your worldwide income and gains from the moment you become resident there"
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