IHTM13001 | Domicile: Introduction

From HM Revenue & Customs · Inheritance Tax Manual

From 6 April 2025, for inheritance tax purposes, domicile is replaced by long-term UK residence and you can find details of these rules at .

The law of domicile is important for Inheritance Tax (IHT) for several reasons:

  • It is a common law concept () that will determine which rules apply for succession to personal (movable) property, wherever it is situated, and help establish 'who gets what'.

  • It limits the charge to IHT to people domiciled in the UK or with assets sited in the UK. For example if someone creates a settlement with assets outside the UK, when they are not domiciled in the UK, the settlement could be excluded from the charge to Inheritance Tax ().

  • It is one of the conditions for leaving the value of non-sterling bank accounts () in the UK out of account.

  • As part of protective and anti-avoidance legislation. For example:

  • Spouse or civil partner exemption may be limited if the recipient is domiciled outside the UK

  • Long term tax residents of the UK may be treated as being domiciled in the UK for the purposes of IHT, even though they have a domicile outside the UK under general law ()

  • Those who were UK domiciled but have emigrated recently could also be treated as being domiciled in the UK ().

  • Lastly, double taxation conventions () apply to people domiciled in certain countries and these may have tax implications both before and after 6 April 2025 when the long-term UK residence rules are introduced. For example:

  • Property can be removed from the charge to IHT, depending on the terms of the convention.

  • The availability of a tax credit can depend upon the 'fiscal' domicile of the taxpayer, which may be defined by the terms of the convention.