1. Residence & The "Arising Basis"
Unlike the US "Citizenship" model, the UK uses the Statutory Residence Test (SRT). However, if you are a UK Citizen living in the UK, you are likely "Domiciled" in the UK, meaning you are taxed on worldwide income.
The "Arising Basis"
Standard for UK Citizens & Permanent Residents
- ✓ You pay UK tax on worldwide income as it arises, regardless of whether you bring the money to the UK.
- ✓ NRE Accounts: Interest is taxable in the UK (even if tax-free in India).
- ✓ Relief: You can claim Foreign Tax Credit Relief (FTCR) for Indian taxes paid, up to the UK liability amount.
Domicile & IHT
Inheritance Tax (IHT) Trigger
- ➤ If you are UK Domiciled (likely if you are a citizen and consider UK permanent home), UK IHT applies to your worldwide estate.
- ➤ This includes Indian property, gold, and bank accounts.
- ➤ Deemed Domicile: Even long-term residents (15 of last 20 years) fall into this trap.
2. The 5-Day Fiscal Mismatch
India's tax year ends March 31st. The UK's ends April 5th. This creates a "gap period" (April 1 - April 5) that complicates Foreign Tax Credit claims.
Impact: Income arising between April 1 and April 5 falls into two different Indian assessment years but one UK year. You must carefully apportion income when filing Self Assessment to claim the correct credit.
3. Income Stream Analyzer
4. The "Offshore Funds" Trap
This is the UK's version of the US PFIC rule. Most Indian Mutual Funds are "Non-Reporting Funds" in the eyes of HMRC.
Note: A "Reporting Fund" is one that reports income to HMRC. Very few Indian funds do this.
Standard Capital Gains (CGT)
Usually 10% (Basic) or 20% (Higher) on gains above the allowance.
Applies to: Stocks, Property, REPORTING Funds.
Offshore Income Gains (OIG)
Gains are treated as Income, not Capital Gains. Taxed at your marginal rate (20%, 40%, or 45%).
Applies to: Most Indian Mutual Funds (Non-Reporting).
Tax on £10,000 Profit (Higher Rate Payer)
5. Selling Property in India
1. Sale & TDS
Buyer deducts TDS (20% + surcharge) in India. This is just a withholding, not final tax.
2. UK Reporting
Report gain on UK Self Assessment (Capital Gains section). Convert INR to GBP using the exchange rate on the date of sale.
3. Foreign Tax Credit Relief
Claim relief for the TDS paid.
Restriction: Credit is limited to the lower of (Indian Tax Paid) OR (UK Tax Due on that gain).