Section 267ZA Election to be treated as domiciled in United KingdomF1

United Kingdom

(1)

A person may, if condition A or B is met, elect to be treated for the purposes of this Act as domiciled in the United Kingdom (and not elsewhere).

(2)

A person's personal representatives may, if condition B is met, elect for the person to be treated for the purposes of this Act as domiciled in the United Kingdom (and not elsewhere).

(3)

Condition A is that, at any time F2before 6 April 2025 but during the period of 7 years ending with the date on which the election is made, the person had a spouse or civil partner who was domiciled in the United Kingdom.

(4)

Condition B is that a person (“the deceased”) dies and, at any time F3before 6 April 2025 but within the period of 7 years ending with the date of death, the deceased was—

(a)

domiciled in the United Kingdom, and

(b)

the spouse or civil partner of the person who would, by virtue of the election, be treated as domiciled in the United Kingdom.

F4(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

An election under this section is to be ignored—

(a)

in interpreting any such provision as is mentioned in section 158(6), and

(b)

in determining the effect of any qualifying double taxation relief arrangements in relation to a transfer of value by the person making the election.

(7)

For the purposes of subsection (6)(b) a qualifying double taxation relief arrangement is an arrangement which is specified in an Order in Council made under section 158 before the coming into force of this section (other than by way of amendment by an Order made on or after the coming into force of this section).

(8)

In determining for the purposes of this section whether a person making an election under this section F5was domiciled in the United Kingdom, section 267 F6(deemed domicile) is to be ignored.

Annotations

Textual amendments

F1: Ss. 267ZA, 267ZB inserted (17.7.2013) by Finance Act 2013 (c. 29), s. 177(3)
F2: Words in s. 267ZA(3) substituted (6.4.2025) by Finance Act 2025 (c. 8), Sch. 13 paras. 24(2), 45(1) (with Sch. 13 para. 46)
F3: Words in s. 267ZA(4) substituted (6.4.2025) by Finance Act 2025 (c. 8), Sch. 13 paras. 24(2), 45(1) (with Sch. 13 para. 46)
F4: S. 267ZA(5) omitted (6.4.2025) by virtue of Finance Act 2025 (c. 8), Sch. 13 paras. 24(3), 45(1) (with Sch. 13 para. 46)
F5: Words in s. 267ZA(8) substituted (6.4.2025) by Finance Act 2025 (c. 8), Sch. 13 paras. 24(4)(a), 45(1) (with Sch. 13 para. 46)
F6: Words in s. 267ZA(8) inserted (6.4.2025) by Finance Act 2025 (c. 8), Sch. 13 paras. 24(4)(b), 45(1) (with Sch. 13 para. 46)

Notes on the whole Act

Textual amendments

F1: By Finance Act 1986 s. 100(1), on and after 25 July 1986 the Capital Transfer Tax Act 1984 may be cited as the Inheritance Tax Act 1984.