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Important tax changes for non-doms


Significant changes affecting the UK tax status of non-domiciled individuals (non-doms) take effect on 6 April 2017 – and have far-reaching consequences for the majority of those who have previously enjoyed the tax breaks associated with non-dom status, regardless of whether they were initially born overseas or in the UK.

The remittance basis and the new 15/20-year rule

Under the new changes, non-domiciled individuals who have been a resident in the UK for 15 of the past 20 financial years will now be considered domiciled in the UK for all associated tax purposes, regardless of when they arrived.

This legislative change, known as ‘the 15/20-year rule’ effectively means that such individuals will no longer be entitled to claim the remittance basis for Income Tax or Capital Gains Tax (CGT) purposes. This means that those affected will be subject to UK tax on their worldwide income and gains.

Furthermore, for those who previously had a domicile of origin in the UK and later moved abroad, thus acquiring a domicile elsewhere, their UK domiciled status will be immediately reinstated if they return to the UK.

Non-doms’ residential property subject to UK Inheritance Tax

As of 6 April 2017, non-doms who hold UK residential property indirectly through an overseas intermediary, such as an offshore trust, will see such properties subject to UK Inheritance Tax (IHT).

Previously, residential property held in such structures would be overlooked as ‘excluded’, but under the new rules, such property – however held – will be within the scope of IHT. This means that UK IHT will be payable upon any significant IHT event, including a death, gift or ten year anniversary of a trust.

Grace period for ‘mixed funds’

Non-doms with offshore funds made up of untaxed foreign income and gains will be granted a grace period of two years from April 2017’ to rearrange these mixed funds, sell any assets and separate any funds into their constituent parts of foreign income, foreign gains and clean capital. The latter can then be remitted from their segregated clean capital account in line with previous rules.

This gives an opportunity for people to reorganise their affairs to benefit more from the remittance basis where this is still available, or where it has been used previously, as those old unremitted monies remain liable to UK tax under the remittance basis, even if they are now subject to tax on an arising basis.

Under these rules, excluded property trusts can be used as an important planning tool as they will remain an effective way of sheltering assets from UK Inheritance Tax before an individual becomes domicile.

This will also apply to those who are newly ‘deemed domiciled’ under the 15/20-year rule.

If you are concerned that these important changes to the taxation of non-doms are likely to affect you, please contact us. If you are able to get in touch sooner rather than later, our experts can determine the wider implications of these tax changes, how you will be personally affected and how we might be able to help you to mitigate any potentially heavy tax charges.

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Latest News

Up to two fifths of employers may withdraw salary sacrifice pensions

May 18th, 2026

Employers are facing growing uncertainty over the future of salary sacrifice pension schemes following the Government’s decision to introduce a £2,000 annual cap on National Insurance (NI) relief for pension contributions made through salary sacrifice.

Although the cap will not take effect until April 2029, research suggests businesses are already reassessing whether these arrangements remain viable.

Why are businesses reassessing their use of salary sacrifice pensions

A new study by the Standard Life Centre for the Future of Retirement found that 39 per cent of employers offering salary or bonus sacrifice schemes are now less likely to continue providing them once the cap is introduced.

More significantly, 11 per cent have already decided to withdraw their schemes altogether.

The proposed cap is expected to affect 3.3 million employees, with more than 300,000 UK companies currently offering salary sacrifice pensions.

While pension contributions will remain exempt from Income Tax, any amount sacrificed above £2,000 will be subject to both employee and employer NI Contributions (NICs), increasing payroll costs.

Is this change affecting all businesses the same?

No. Small and mid-sized employers appear particularly exposed, with almost half (49 per cent) of businesses with 10 – 49 employees saying the cap would make them less likely to offer salary sacrifice schemes in future.

Employers who go beyond the minimum auto-enrolment contribution or match higher employee contributions may find the increased NICs difficult to absorb.

Illustrative figures from Standard Life show that an employee earning £50,000 and sacrificing £4,000 would incur £160 in extra employee NICs, while the employer NICs would increase by £300. At higher salary levels, the employer’s exposure rises further.

Will all businesses follow suit?

While the Treasury estimates the reform will save £4.7 billion annually in tax relief, concerns remain about the broader impact on pension saving.

Industry commentators warn that restricting salary sacrifice could undermine efforts to tackle under-saving for retirement, particularly at a time when many employees rely on workplace schemes to build long-term financial security.

If you are unsure about which direction to take, there is still time to understand your options.

The current deadline in 2029 gives businesses an opportunity to model the financial impact and consider alternative ways to support employee savings while managing their own employment costs.

We are still awaiting further information about the implementation of these new reforms, so now is a sensible time for businesses to review their pension arrangements and prepare employees for the changes to come.

If you need guidance on your payroll and benefits scheme, please get in touch with our team to help you plan for the upcoming changes.

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