On 15 October 2015 HMRC announced a further change of view on the taxation of non-UK domiciled individuals who remit funds to the UK after taking out a loan overseas using unremitted income and gains as collateral.

This is a freeview 'At a glance' guide.

This affects Non UK domiciled individuals who are taxed on the Remittance basis and who:

  1. Take out a loan overseas.
  2. Use the funds raised from the loan to purchase assets in the UK, or remit the loan funds directly to the UK.
  3. Use unremitted overseas income or gains as collateral for the loan.
  4. Use unremitted overseas income or gains to service the loan, that is to pay down the capital or interest.

Prior to 4 August 2014

There were potentially two taxable remittances: the foreign income or gains used as collateral and the foreign income or gains used to make the repayments.

HMRC recognised that there would potentially be a double charge arising and therefore by concession, the use of the funds as collateral would not be treated as a taxable remittance where the loans were made on commercial terms and regularly serviced using foreign income or gains.

After 4 August 2014

HMRC withdrew the concession so that where money is brought to the UK in these circumstances after this date there will potentially be two taxable remittances.

HMRC agreed not to seek to tax monies brought into the UK before 4 August 2014 as long as:

  • by 5 April 2016 the foreign collateral had been replaced with non-foreign collateral, or
  • by 5 April 2016 amounts brought into the UK had been repaid and
  • by 31 December 2015 a written undertaking for the above was given to HMRC

Announcement on 15 October 2015

HMRC accepted that for some loan arrangements it would be difficult or impossible to comply with the requirements set out on 4 August 2014 to replace collateral or repay monies brought into the UK.

HMRC therefore did not seek to change the tax treatment where monies were brought into the UK before 4 August 2014.  These amounts did not have to be repaid and the collateral does not have to be replaced.

Monies brought into the UK after 4 August 2014 have continued to be taxed on the collateral and on the loan repayments.

Example

Jean-Luc is a non-UK domiciled, UK resident individual who uses the remittance basis of taxation.

  • He has the equivalent of £1m in a bank account in France which represents unremitted income earned outside of the UK.
  • He takes out a loan for £1m in France and uses this bank account as collateral for the loan.
  • He agrees to make repayments of £100,000 per year which he funds from a regular source of income earned in France.
  • He uses the £1m loan to set up a business in the UK including the acquisition of commercial trading premises in December 2013.

Prior to 4 August 2014

Jean-Luc's repayments of £100,000 per year would be treated as remittances and taxable in the UK.  However, he would be able to take advantage of HMRC's concession so that the use of the bank account as collateral would not be considered a remittance.

After August 2014

Jean-Luc would have to undertake repay the £1 million that he brought into the UK before 5 April 2016 or replace the collateral, for example with the UK business premises, to avoid HMRC assessing to UK tax the remittance of £1m in December 2013.

After the announcement on 15 October 2015

Jean-Luc no longer has to repay the loan or replace the collateral.  HMRC will not seek to assess the collateral as a remittance to the UK.  The regular repayments will continue to be taxed as remittances.

If the £1m had been used to set up a business and purchase trading premises in the UK in December 2014, the collateral and the repayments would both be treated as remittances to the UK.

Useful guides on this topic

Remittance basis (overseas income)
What is the remittance basis? Who can claim it and when? What are the advantages of claiming the remittance basis and how much is the remittance basis charge?

Non-domicile status, deemed domicile & tax
Who is non-UK domiciled? What does this mean for UK Income Tax, Capital Gains Tax and Inheritance Tax? What reliefs are available to non-doms?


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