TSEM4725 - Settlements Legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2025: Example 鈥� PFSI and the benefits charge鈥���
Mr A听is resident in the UK听but has never been classed as UK domiciled or deemed听domiciled in the UK under condition A.听He was taxed on the remittance basis each year up to and including 2024/25.听In 2015/16,听he settled foreign investments into a Jersey resident trust of which he was a beneficiary.鈥� From 6 April 2017 to 5 April 2025 the trustees received income on its investments of 拢500,000 per year.鈥�No distributions were made during this period.听This income would have been treated as Protected Foreign-Source Income (PFSI) under听the old听section 628A ITTOIA 2005 because:鈥��听
the income would have been relevant foreign income if it were income of a UK resident individual,鈥赌��听
the income was from property that originated听from the settlor,鈥赌�听
when the settlement was created Mr A was not UK domiciled听
there was no time in the relevant tax years听that Mr A听was UK domiciled, or deemed听domiciled in the UK under Condition A,鈥赌�听
the trustees were not UK resident for the relevant tax years,鈥赌�听
no further property or income was听provided for the purpose of the settlement by Mr A, either directly or indirectly.鈥���听
Mr A will not have been taxable on the 拢500,000 of income in each of the years 2017/18 to 2024/25 because this income is PFSI and has not been matched to a benefit chargeable on him.鈥� From听the tax year 2025/26听the remittance basis of taxation and the concept of PFSI will no longer apply so听Mr A will be taxable听on his worldwide income on the arising basis.听 He will pay tax听on the income of the trust as it arises听per tax year.
| Tax year | Foreign income received by trustees | Total PFSI accumulated |
|---|---|---|
| 2017/18 | 拢500,000 | 拢500,000 |
| 2018/19 | 拢500,000 | 拢1,000,000 |
| 2019/20 | 拢500,000 | 拢1,500,000 |
| 2020/21 | 拢500,000 | 拢2,000,000 |
| 2021/22 | 拢500,000 | 拢2,500,000 |
| 2022/23 | 拢500,000 | 拢3,000,000 |
| 2023/24 | 拢500,000 | 拢3,500,000 |
| 2024/25 | 拢500,000 | 拢4,000,000 |
In 2025/26 Mr A is taxable on the 拢500,000 of income received by the trustees听in that tax year听as it arises under section 624 ITTOIA 2005.听 He also听receives a distribution from the Jersey Trust of 拢3 million to purchase听a property听which is paid from the pre-6 April 2025听income.鈥��500,000 of PFSI has arisen to the trustees each year from 2017/18 through to 2024/25, amounting to 拢4 million.鈥� As there is sufficient PFSI to match against this distribution Mr A will be taxable on the benefit of 拢3 million he receives in 2025/26听under section 643A ITTOIA 2005.鈥疶his will leave 拢1 million of PFSI available to be matched against any future distributions.鈥�听Income received by the trustees after 2025/26 will not be PFSI and so will not add to this PFSI pool.听
In 2026/27 the trustees鈥�听income has reduced to 拢200,000.听 Mr A is taxable on this as it arises under section 624 ITTOIA 2005.听 He also receives a further distribution of 拢1.5 million (also paid from the pre-6 April 2025听income) from the trust to assist听in renovating the property.鈥� Mr A will be taxable on 拢1 million听of this capital distribution under section 643A ITTOIA 2005 as there is only 拢1 million of PFSI remaining听in the trust to be matched against the 拢1.5 million he received.鈥�听
Mr A can designate听the amounts taxable on him under section 643A ITTOIA 2005 under the Temporary Repatriation Facility (TRF), which is available from tax years 2025/26 through to 2027/28.听 The amounts received by the trustees in听tax years 2025/26 onwards, but taxed on him,听cannot be designated听under the TRF.听