The New Tax Status Rules: Income Tax, Capital Gains Tax and Inheritance Tax

When you live in the UK and have income, gains or assets abroad, complex tax rules determine how these are taxed in the UK. These rules—often referred to as tax status rules—affect your liability for Income Tax (IT), Capital Gains Tax (CGT) and Inheritance Tax (IHT).Capital Gains Tax applies when you sell or dispose of certain assets and make a profit. Careful planning can significantly reduce the tax payable by using available reliefs and exemptions correctly.

Why Tax Status Matters

Your tax status determines whether the UK tax system will charge tax on your:

  • Worldwide income

  • Worldwide gains

  • Worldwide assets

Correctly identifying your status can affect how much tax you pay, which income is taxable, and how gains and estates are treated.

Who Is A UK Resident for Tax Purposes?

To decide if you are UK resident, HMRC applies the Statutory Residence Test (SRT). This considers:

  • Time spent in the UK

  • Your connections to the UK (such as family, accommodation and work)

  • Your pattern of visits over the tax year

You may be resident in the UK even if you spend part of the year abroad.

Non-residents are taxed differently, with UK tax generally applying only to UK-sourced income and gains.

Income Tax: Worldwide and UK Income

If you are UK resident, your UK tax liability depends on whether you are:

  • UK domiciled

  • Not UK domiciled but resident

  • Non-UK resident

UK Residents – Domiciled

If you are UK resident and treated as domiciled in the UK, you are generally taxable on:

  • Income arising anywhere in the world

  • Income received in the UK and abroad

Worldwide income must be reported on your UK tax return.

UK Residents – Non Domiciled

If you live in the UK but are not domiciled here, you may be able to use the remittance basis of taxation. Under this basis:

  • UK income and gains are taxed normally

  • Foreign income and gains are only taxed if brought (remitted) into the UK

Choosing the remittance basis often requires consideration of your wider tax position and long-term plans.

Capital Gains Tax (CGT) and Foreign Assets

CGT applies when you dispose of assets and make a gain.

If you are UK resident:

  • UK gains are generally taxable

  • Foreign gains may also be taxable depending on your status

Non-residents may be exempt from CGT on foreign assets, though UK property may still be taxable.

For individuals using the remittance basis, foreign gains are only taxable if the proceeds are brought into the UK.

Proper planning around disposals and remittances can significantly affect CGT liabilities.

Inheritance Tax (IHT) and Worldwide Assets

IHT typically applies on death or on certain lifetime gifts.

UK Domiciled Individuals

If you are treated as UK domiciled, your worldwide estate is usually subject to IHT.

UK Residents Not Domiciled

If you are UK resident but not domiciled, IHT may apply only to:

  • UK-situated assets, or

  • Worldwide assets if you have been UK resident for a long period under the relevant residence rules

Understanding your domicile and residence history is essential to determining IHT exposure.

Remittance Basis: Benefits and Costs

For non-UK domiciled individuals, the remittance basis can provide tax advantages:

  • Only UK income and gains are taxed automatically

  • Foreign income and gains are taxed if remitted to the UK

However, using the remittance basis can affect your personal tax allowances and annual exemptions and may have long-term implications if your residence status changes.

Important Considerations

Double Taxation Agreements

The UK has treaties with many countries to prevent double taxation. These agreements may:

  • Adjust where tax is due

  • Reduce or eliminate foreign tax liabilities

Professional review is recommended to determine how treaties apply to your situation.

Income and Gains Timing

The timing of:

  • Employment income

  • Rental receipts

  • Investment disposals

can affect your tax status and charges. Proper planning can improve tax efficiency.

Why Professional Advice Matters

Assessing your tax status is not just about counting days overseas. HMRC considers:

  • Family and work ties

  • Pattern of visits

  • Residence history

  • Future intentions

Getting it wrong can lead to unexpected tax bills or penalties.

Applegrow Financial Advisors can help you:

  • Establish your correct UK tax status

  • Understand how UK tax applies to foreign income, gains, and assets

  • Plan remittances to manage CGT exposure

  • Structure your affairs for inheritance tax efficiency

  • Prepare accurate tax returns and ensure compliance

With personalised advice, you can navigate complex tax status rules with confidence.

Unsure how your tax status affects your UK tax liabilities?

Contact Applegrow Financial Advisors for tailored guidance on income tax, capital gains tax and inheritance tax in a global context.