ARTICLE · 30 OCTOBER 2013

New IHT Rules For Non-UK Domiciled Spouses

Smith & Williamson

Explore more from Smith & Williamson

Finance Act 2013 brought in two significant changes as far as non-UK domiciled individuals and inheritance tax (IHT) are concerned.

United KingdomTax

Julia Rosenbloom

Finance Act 2013 brought in two significant changes as far as non-UK domiciled individuals and inheritance tax (IHT) are concerned.

These changes have arisen mainly out of issues relating to the spouse exemption (for ease of reference, we refer to 'spouse' to cover spouses and civil partners). Where a transfer is made from a UK domiciled spouse to a non-UK domiciled spouse, the exemption has, for the last 30 years or so, been capped at £55,000. In other scenarios the spouse exemption is unlimited.

This means that transfers from a UK domiciled spouse to a non-UK domiciled spouse (on death for example) could result in an IHT charge, whereas in other circumstances, there would be no charge.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Patent Box Take-up: What Has Changed Since The Beginning?

United KingdomTax

Capital Gains Tax: Raise Rates, Lose Revenue?

United KingdomTax

Hunters Law LLP

Founders' Relief: What The Budget 2026 Consultation Means For Founders, Investors And Buy-outs

United KingdomTax

Pensions And Inheritance Tax - What Changes On 6 April 2027?

United KingdomTax

Autumn Budget 2026: “Use It When You Need It, Rebuild It When You Can”

United KingdomTax

Womble Bond Dickinson (UK) LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Tax
- Inheritance Tax
- Tax Authorities

Related Comparative Guides

Comparative Guide

Tax Disputes

Comparative Guide

Tax

See more popular content from

Tax

Has Your Mauritian Transfer Pricing Documentation Kept Pace With The Mauritius Revenue Authority?

On June 10, 2019, the Hon. Prime Minister and Ministry of Finance & Economic Development of Mauritius presented the 2019-20 Budget.

United KingdomTax

DLA Piper UK LLP

What Are Exit Taxes And How Do They Work?

As the UK anticipates its first Budget under Andy Burnham's premiership on 28 October 2026, questions arise about whether 'Manchesterism' will introduce an exit tax regime. This analysis examines how different jurisdictions—from Canada's deemed disposal system to France's targeted charges on substantial holdings—tax individuals leaving their borders, and explores what form a UK exit tax might take if implemented.

Treasury Committee calls for better and cheaper tax compliance

United KingdomTax

US FATCA In The UK - Updated HMRC Guidance Notes Released

Today HMRC released updated Guidance Notes on implementing FATCA in the UK.

United KingdomTax

Andy Burnham’s Property Tax Reform: What High Net Worth Individuals Need To Know

Burnham has consistently advocated for replacing council tax and stamp duty with a land value tax - an annual levy charged on the value of the land itself, rather than the buildings on it.

United KingdomTax

Capital Gains Tax And Private Equity Tax Under A Labour Government: What We Know So Far

Labour plans to defer major tax changes until the autumn Budget. Key potential changes include raising capital gains tax, altering private equity taxation, and possibly integrating capital gains and inheritance tax rules.

United KingdomTax

UK ‘Windfall’ Bank Tax Would Worsen An Already Complex System

UK banks face the prospect of a new windfall tax as campaigners push for additional levies on strong reported profits, while industry leaders warn of potential consequences for lending, investment, and the UK's position as a global financial centre. This analysis examines the practical implications of adding another layer to an already complex sector-specific tax regime that includes corporation tax, banking surcharge, and bank levy.

United KingdomTax

Frequently Asked Questions About IRS Clearance And Form 706-NA

UK executors and beneficiaries dealing with US assets face significant delays in obtaining IRS Transfer Certificates, with waiting times now extending to two or three years. This comprehensive FAQ addresses the critical questions surrounding Form 706-NA applications, US estate tax requirements, and the practical challenges of administering estates containing US shares and investments when the deceased was not a US citizen.

Lester Aldridge LLP

Taxation Of Earn-Outs On Business Sales: Capital Gain Or Disguised Salary?

HMRC is increasing scrutiny of earn-out arrangements, particularly where founders remain involved in the business after completion and deferred consideration depends on future performance of the target company.

United KingdomTax

Tribunal Limits HMRC's Schedule 36 Powers In Transfer Pricing Case

When HMRC issued an information notice demanding a UK subsidiary's US parent company financial statements in a transfer pricing enquiry, the First-tier Tribunal had to determine whether such documents were reasonably required and whether the subsidiary had the power to obtain them. The case examines the boundaries of HMRC's information-gathering powers and the practical limits of corporate group relationships.

European UnionTax