A person’s legal status and tax responsibilities are largely determined by their place of residence.
Individuals are permitted by UK domicile of choice to shift their permanent legal residence to another territory.
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This article is mainly for people living outside the UK.
La información contenida en este artículo es meramente orientativa. No constituye asesoramiento financiero, jurídico o fiscal, ni una recomendación o solicitud de inversión. Algunos hechos pueden haber cambiado desde el momento de su redacción.
UK Domicile of Choice Guide
Domicile of Choice Meaning
In legal parlance, an individual’s domicile of choice designates the location that they have decided to name their permanent home.
This concept is different from domicile of origin, which we will further discuss later on.
What is the difference between UK resident and UK domiciled?
They refer to different legal designations that have major impacts on legal rights and taxation in the country.
Based on the Statutory Residence Test, a person is considered a resident if they meet specific requirements related to their physical presence in the country during a tax year.
Global income and capital gains are subject to taxation for UK residents. Meanwhile, matters like inheritance rights and lifetime tax obligations are impacted by domicile.
Now, how to acquire domicile of choice?
Domicile of choice requirements
Individuals must fulfill certain requirements for domicile of Choice UK:
- A minimum of 16 years old is required for the individual.
- It must be the case that the person moved to the nation permanently.
- Staying for the remainder of their lives or indefinitely must be clearly intended.
- The person should usually sever all connections to their place of origin. Even though it’s not required, the person’s citizenship status could be taken into account while determining their position as a resident.
It is necessary to offer solid proof in order to bolster a domicile of choice argument.
A person’s long-term residence and lifestyle decisions, commercial, social, and familial ties in the new nation, future plans, such as where to retire, and legal documents, such as a will, that reflect the new domicile are all relevant considerations.
Domicile of Choice Example
Say, Stella was born in country A. This country is her domicile of origin because that is where her father lived at the time she was given birth.
Stella eventually relocates to the UK so as to pursue her career. She gets a job and starts assimilating into the neighborhood. She eventually comes to the conclusion that she wants to live permanently in the UK.
Stella needs to prove two essential components in order to establish a domicile of choice in the UK:
- Actual Presence: Stella has to be living in the UK. This implies that she cannot only come on occasion—she has to stay there.
- Intent: Stella must intend to stay in the UK for the duration of her stay. This can be demonstrated by deeds like securing an extended lease, requesting permanent residence, or getting involved in the community.
Once those are demonstrated, her domicile of origin becomes essentially stalled albeit not entirely eradicated.
She has the option to return to her domicile of origin if she subsequently decides to leave and settle back there permanently.
A domicile of choice can be difficult to prove, as recent examples have shown. In order to decide whether a UK domicile of choice has been successfully formed, courts take into account a number of variables, such as the person’s lifestyle, familial ties, and type of residence.
How is domicile determined in the UK?
Identifying domicile in the UK necessitates considering both one’s actual presence as well as the intention to live there permanently.
Legal cases emphasize the significance of unambiguous actions that are in line with an individual’s stated objectives. Also, they provide direction on how these criteria are evaluated.
What is domicile of origin and domicile of choice?
These are two types of domicile.
A person’s legal residence at birth is known as their domicile of origin: If the father is living at the time of the kid’s birth and the child is born legitimately, then the domicile of origin is decided by his place of residence.
However, when a kid is born out of wedlock, the mother’s home is used to determine the child’s domicile of origin.
Other Key Features
- It is retained indefinitely, except in cases of adoption.
- When an individual obtains a domicile of choice or becomes dependent on it, it is momentarily deferred.
- When someone leaves their domicile of choice without obtaining a new one, they are able to return to their original domicile.
- The domicile of choice must be chosen freely, independent of any outside influence; an individual can possess only one domicile at a time.
Difference between domicile of origin and domicile of choice
While the latter is chosen as time progresses, the former is determined at birth based on parentage.
The origin domicile is never completely lost, but the domicile of choice takes its place.
If a person leaves their preferred domicile without establishing a new one, their domicile of origin acts as a backup plan and is prepared to be restored.
However, an individual is limited to having a single place of legal permanent residence at any given moment, regardless of where they were born or chose to live.
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