TSEM4630 | Settlements legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Foreign income arising before, but remitted on or after 6 April 2017

The guidance on this page relates to the period 6 April 2017 - 5 April 2025. From 6 April 2025 the rules around the taxation of non-UK domiciled individuals ended and individuals are taxable based on their residence position only. Detailed guidance on the changes from 6 April 2025 can be found at TSEM4700 onwards.

This section defines what is known as Transitional Trust Income (TTI). Trustees of the settlement can use TTI without triggering a taxable remittance if another ‘relevant person’ does not benefit.

For the purpose of S809L ITA 2007, in relation to transitional trust income, a “relevant person” in that section does not include the trustees of the settlement concerned.

S628C tells us that ‘Transitional trust income’ means income:

(a) that arises under a settlement in the period beginning with the tax year 2008-2009 and ending with the tax year 2016-2017 (the protection period),

(b) that would have been PFSI for the purposes of S628A (1) if S628A (2) had effect for the protection period and had effect with reference to conditions A-E.

(C) that prior to 6 April 2017 has neither been distributed by the trustees of the settlement or treated under S624(1) as income of the settlor, and

(D) that would for the tax year in which it arose under the settlement have been treated under S624(1) as income of the settlor if the settlor had been domiciled in the UK for that year

S648(3) to (5) and corresponding earlier enhancements do not apply for the purposes of subsection (2)(a) and (d).