IHTM13040 | Domicile: election by non-UK domiciled spouse or civil partner: 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 . Details of spousal elections under the new rules are at . Transitional rules will apply to existing domicile elections and details are at .
The Finance Act 2013 contains provisions which allow a person who:
is not domiciled in the UK; but
is, or has been, married to or in a civil partnership with another person who is domiciled in the UK,
to elect to be treated as if they were domiciled in the UK. The new provisions are contained in & S267ZB.
An election can only be made on or after 17 July 2013, but it can take effect before that date. Once an election is made, it cannot be revoked, although it is possible for the election to cease to have effect.
The election provisions operate independently from the deemed domicile provisions in (). So an election to be domiciled in the UK does not mean that a person is to be treated as deemed domiciled in the UK under .
Someone who has elected to be treated as domiciled in the UK may, whilst the election is in force, become deemed domiciled in the UK by meeting the conditions of because of their long term residence in the UK. The fact that an election exists does not prevent applying in the normal way.