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23 March 2010
Issue: 4248 / Categories: Forum & Feedback
A UK resident was born in India and lived in Tanzania before coming to the UK in the 1960s. Advice is required as to his domicile status and liability on interest from an offshore bank account as well as his longer-term inheritance tax liability

Our client was born in India in 1943 and migrated to Tanzania in 1956. He came to the UK in 1961 and has been living here since then. Our client and his family have a family home back in India.

In addition he has inherited an offshore bank account from his father who died in 2004; the money in that account was transferred from Tanzania by his father (who was also born in India but moved to Tanzania and then came to the UK where he lived from 1961).

The client has been visiting India regularly for holidays and social visits as did his late father.

We believe that mere intention to go back to India alone would easily class both father and son as domiciled abroad.

But is this sufficient or do we also need to consider the deemed domicile ‘17 out of 20’ year rule ...

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