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Official guidance
Trusts, Settlements and Estates Manual

TSEM4600 · Settlements legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017-5 April 2025: Contents

  • TSEM4605 · Settlements legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017-5 April 2025: Background
  • TSEM4610 · Settlements legislation: Rules affecting non-domiciled /deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Definition of Protected Foreign Source Income and tainting for the purposes of ITTOIA 2005 S628A
  • TSEM4615 · Settlements legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: How a protected settlement can be tainted
  • TSEM4620 · Settlements legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Transactions that are ignored for the purposes of tainting
  • TSEM4625 · Settlements legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Exceptions to transactions that are ignored for the purposes of tainting
  • 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
  • TSEM4635 · Settlements legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Deemed income because of benefits for the settlor or close family member
  • TSEM4640 · Settlements legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Meaning of untaxed benefits total
  • TSEM4645 · Settlements legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Meaning of “available protected income” in S643A
  • TSEM4650 · Settlements Legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Meaning of close member of settlor’s family
  • TSEM4655 · Settlements legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2018 – 5 April 2025: Charge on recipients of onward gifts basic conditions
  • TSEM4660 · Settlements legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2018 – 5 April 2025: Income treated as arising to recipient of onward gift
  • TSEM4665 · Settlements legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2018 – 5 April 2025: Cases where deemed income attributed to recipient of onward gift
  • TSEM4670 · Settlements legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2018 – 5 April 2025: Cases where settlor liable following onward gift
  • TSEM4675 · Settlements legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2018 – 5 April 2025: Onward gift to settlor or close family member by other recipient
  1. Settlements legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017-5 April 2025: Contents
  2. Settlements Legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Meaning of close member of settlor’s family

TSEM4650 | Settlements Legislation Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2017 – 5 April 2025: Meaning of close member of settlor’s family

From HM Revenue & Customs · Trusts, Settlements and Estates Manual

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.

For the purposes of S643B to S643M a person is a close member of the family of the settlor of a settlement at any time that the settlor is living at the time, and:

  • The person is the settlor’s spouse or civil partner at that time, or

  • The person is a child of the settlor, or of a person who at that time is the settlor’s spouse or civil partner and who has not reached the age of 18.

Two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

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