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Domicile dangers

26 October 2006
Issue: 4081 / Categories: Forum & Feedback

My client and her recently deceased husband, both of non-UK domicile, have joint investments that are held offshore. Both husband and wife have been UK resident for at least 17 out of the last 20 years. None of the income from the offshore investments has been remitted to the UK. Some years ago a form DOM 1 was completed and submitted in respect of my client's deceased husband; however, no reaction was received from the then Inland Revenue.

My client and her recently deceased husband both of non-UK domicile have joint investments that are held offshore. Both husband and wife have been UK resident for at least 17 out of the last 20 years. None of the income from the offshore investments has been remitted to the UK. Some years ago a form DOM 1 was completed and submitted in respect of my client's deceased husband; however no reaction was received from the then Inland Revenue.
It appears that no inheritance tax arises on the late husband's £2 million estate since apart from the nil-rate band left to their daughters everything has been left to my client. As both spouses are deemed to be domiciled I presume that the normal spouse exemption without limit applies. Is this assumption correct?
My client is contemplating bringing back to the UK her late husband's share...

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