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Tax Resident & Tax domicile

Last activity 09 June 2023 by Toon

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Toon

Tax residence is a short-term concept and is determined for each tax year in isolation, reflecting where you reside. Domicile is more long-term and refers to where you consider you have your permanent home over the course of your life. You can retain a domicile overseas even if you live in the UK for several years.


𝐇𝐨𝐰 𝐭𝐨 𝐜𝐨𝐧𝐟𝐢𝐫𝐦 𝐲𝐨𝐮𝐫 𝐍𝐨𝐧-𝐃𝐨𝐦 𝐬𝐭𝐚𝐭𝐮𝐬?


A person who is a tax resident in Cyprus is liable to pay Cyprus Income Tax (CIT) on their worldwide income, from all sources.


Additionally, domiciled residents of Cyprus pay a Special Defense Contribution (SDC) on their passive income derived from dividends, interest, and rentals as per the following rates:


Dividends – 17%

Interest Income – 30%

Rental Income – 3% of the 75% of gross rental, effective rate 2.25%

The Non-Dom Status in Cyprus is a tax regime that enables non-domiciled tax residents to effectively reduce their tax obligations by exempting them from Special Defense Contribution (SDC) for a period of 17 years.


Consequently, these individuals -when receiving dividends – are not subject to any taxes. Instead, they are solely liable for a contribution of 2.65% towards the General Health System, with a maximum cap of 4,770 EUR as payable contributions.


Obtaining non-domicile status involves acquiring a certificate from the Tax Authorities, a process that typically takes around three weeks following the submission of the application and all required documentation.


Who is eligible for Non-Dom Status?


The test starts with the following questions:


1.Has the individual been Cyprus tax resident for 17 years or more out of the last 20 years prior to the current tax year of assessment?


            No, then move to question 2.


             Yes, then the individual is Domiciled in Cyprus


2. Does the individual have a Cyprus domicile of origin?


        Yes, move to question 3.


        No, then the individual is considered as Non-Dom.


3. Has the individual been tax resident outside of Cyprus for the entire 20 consecutive years from 1995 until 2014?


        Yes, then the individual is considered a Non-Dom.


        No, move onto question 4.


4. Has the individual acquire and still maintains a domiciled of choice outside Cyprus?


    Yes, move to question 5.


    No, the individual is domiciled in Cyprus.


5. Has the individual been a non-Cyprus Tax resident for any 20 years consecutive period?


    Yes, then the individual is considered a Non-Dom.


    No, then individual is considered as domiciled in Cyprus.

Priscilla

Hello Toon,


Thank you for sharing this information with us.


Priscilla

Expat.com Team

Armoukid

Excellent article!


That's Cyprus Domicile sorted, how about UK domicile?

Toon

Its somewhat similar..


What is tax residence?

Simply put, tax residence is the country in which you usually spend the most time, or have the most connections.


Your UK residence status affects whether you need to pay tax on your UK and foreign income. Each country has its own rules, and UK tax residency is determined by the Statutory Residence Test.


What is domicile?

Domicile can best be described as your ‘permanent home’, which may not be the same as the country you live in.


Your domicile status depends on your family background, in particular that of your father, as well as the choices you have made in your own life to make a country your permanent home.


Why is it important?

Your residence and domicile status impacts how much tax you need to pay in the UK.


Specifically, different tax rules will apply to UK and foreign income and gains. It can also impact the tax reliefs and allowances available to you


Your residence and domicile status impacts how much tax you need to pay in the UK.


Note that residence and domicile are complicated areas and so take professional advice to thoroughly evaluate and.establish your position



An individual is domiciled in the UK if they 'belong' in the UK and it is their home. This is usually established through their parents' (usually father's) domicile at the date of the individual's birth, known as 'domicile of origin'; or by making the UK their permanent home and renouncing their native land.

Armoukid

Worth mentioning that being tax resident or domiciled in either country doesn't mean you are not tax resident or domiciled in the other; they have different rules and they can overlap. Double Taxation Agreements may then apply, but not to IHT as there is none in Cyprus.

Toon

@Armoukid exactly why professional advice should be sought

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