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Official guidance
Inheritance Tax Manual

IHTM47000 · Long-term UK residence

  • IHTM47001 · Long-term UK residence test: Introduction and when domicile will remain relevant
  • IHTM47010 · Investigation of form IHT401a - General
  • IHTM47011 · Investigation of form IHT401a - Risk Decisions
  • IHTM47012 · Investigation of form IHT401a- Service
  • IHTM47013 · Investigation of form IHT401a - Compliance
  • IHTM47020 · Long-term UK residence test
  • IHTM47021 · Long-term UK residence test: Transitional provisions
  • IHTM47022 · Long-term UK residence test: Transitional provisions: Excluded property comprised in a settlement at 30 October 2024
  • IHTM47023 · Long-term UK residence test: Charges on 6 April 2025
  • IHTM47024 · Young persons
  • IHTM47025 · Companies
  • IHTM47030 · Spouse or civil partner exemption: Not a long-term UK resident
  • IHTM47031 · Spousal long-term UK residence elections - Introduction
  • IHTM47032 · Spousal long-term UK residence elections – Who can make an election?
  • IHTM47033 · Spousal long-term UK residence elections – When can an election be made?
  • IHTM47034 · Spousal long-term UK residence elections – How to make an election
  • IHTM47035 · Spousal long-term UK residence elections – Process for dealing with an election
  • IHTM47036 · Spousal long-term UK residence elections – Disclosure about elections
  • IHTM47037 · Spousal long-term UK residence elections – the date the election takes effect
  • IHTM47038 · Spousal long-term UK residence elections – consequences of making an election
  • IHTM47039 · Spousal long-term UK residence elections – delivery of accounts and payment of tax after making an election
  • IHTM47040 · Spousal long-term UK residence elections – election ceasing to have effect
  • IHTM47041 · Spousal domicile elections before 6 April 2025 – transitional rules
  • IHTM47050 · Long-term UK residence test: Foreign settled property
  • IHTM47051 · Long-term UK residence test: Foreign settled property: Qualifying Interests in Possession
  • IHTM47052 · Long-term UK residence test: Foreign settled property: Relevant Property
  • IHTM47053 · Long-term UK residence test: Foreign settled property: Special Trusts
  • IHTM47060 · Long-term UK residence test: Gifts with reservation of benefit
  • IHTM47061 · Long-term UK residence test: Pre-owned assets tax
  • IHTM47070 · Long-term UK residence test: Introduction to Double Taxation Conventions
  • IHTM47071 · Long-term UK residence test: Post 1975 Double Taxation Conventions
  • IHTM47072 · Long-term UK residence test: Pre 1975 Double Taxation Conventions
  1. Long-term UK residence: Contents
  2. Long-term UK residence: Spousal long-term UK residence elections – Process for dealing with an election

IHTM47035 | Long-term UK residence: Spousal long-term UK residence elections – Process for dealing with an election

From HM Revenue & Customs · Inheritance Tax Manual

The rules for spouse elections prior to 6 April 2025 can be found at IHTM13040 – IHTM13049.

Lifetime election

When Risk receive a lifetime election (IHTM47032) from a person who is not long-term UK resident (IHTM47000), they will ask Service to set up a record on ALF for the person making the election, using the XA case type and the prefix XDOM. The record should contain:

  • the name of the person making the election, and

  • their date of birth.

The name of their spouse or civil partner who is a long-term UK resident should be added as an alternative name on the record. Service will send SL15 to the person who sent the election, acknowledging receipt and telling them the reference number.

Election on death of first spouse or civil partner

Where you receive a death election (IHTM47032) from a person who is not long-term UK resident following the death of their long-term UK resident spouse or civil partner, you should ask Service to set up a record, send SL15 and keep the election as above. If a record already exists for the spouse or civil partner who has died, Service should make a copy of the election, and refer the case to the caseworker who is dealing with the deceased or civil partner and include the XDOM reference.

Election on death of second spouse or civil partner

Where a death election is received from the personal representatives of a person who is not long-term UK resident and a record exists for the person to whom the election applies, it should be uploaded to the case record. If a record does not exist, one should be created.

As an election will only be made by the personal representatives where the long-term UK resident spouse or civil partner has already died; the two records should be cross referenced for risk assessment.

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