TSEM4760 - Settlements Legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2025: Example 鈥� Onward gifts鈥�
Mrs D is resident in the UK听but has never been classed as UK domiciled or deemed听domiciled in the UK under condition A (returners).鈥�听She was taxed on the remittance basis each year up to and including 2024/25. In 2012/2013, she settled foreign investments into a Jersey resident trust of which she was a beneficiary.鈥� From 6 April 2013 to 5 April 2025 the trustees received income on its investments of 拢250,000 per year.听No distributions were made during this period.鈥疶he income听谤别肠别颈惫别诲听from 6 April 2013 to 5 April 2017 is听Transitional Trust Income (TTI) under听the old听section 628C ITTOIA 2005 and the income听谤别肠别颈惫别诲听from 6 April 2017 to 5 April 2025 is听Protected Foreign-Source income (PFSI) under 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 Mrs D was not UK domiciled,鈥赌�听
there was no time in the relevant tax years听that Mrs D 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 provided for the purpose of the settlement by Mrs D, either directly or indirectly.鈥���听
Mrs D will not have been taxable on the 拢250,000 of income in each of the years 2013/14 to 2024/25 because she was taxed on the remittance basis, this income was not remitted to the UK and is TTI/PFSI.From听the year 2025/26 Mrs D will be taxable on the income of the trust as it arises听per tax year听on the arising basis, because from 6 April 2025 the income is no longer treated as PFSI.鈥��听
In 2025/26 Mrs D鈥檚 adult son, who is non-UK resident, receives a distribution from the Jersey Trust of 拢20,000.听 He is not taxable on this amount because he is not UK resident, and his mother is not taxable as he听is no longer a close family member听due to his age.听
He gifts this to his uncle (Mrs听D鈥檚 brother), who is also non-UK resident but uses it to pay rent for听Mrs D for the temporary use of听a property.鈥�听
Neither the original recipient of the distribution (Mrs D鈥檚 adult son) nor the first subsequent听recipient (Mrs D鈥檚 brother) will be taxable on the distribution. The final recipient of the distribution is Mrs D听and it will form part of her untaxed benefits total.听 She will be taxable on it to the extent that it can be matched against TTI/PFSI that has arisen in the trust.鈥�听
拢250,000 of TTI/PFSI has arisen to the trustees each year from 2013-14 through to 2024/25, amounting to 拢3 million. As there is sufficient TTI/PFSI to match against the distribution to Mrs D鈥檚 son, Mrs D will be taxable on the benefit of 拢20,000 received by her son in 2025/26. This will leave 拢2,980,000 of TTI/PFSI听available to be matched against any future benefits.鈥�听
听