When to lodge DOM1

[davidb]

I obtained some professional advice saying that I am a resident non UK domicile.

I have no income arising in UK and therefore have not submitted a tax return.

The advice also said that the DOM1 form should be submitted when the IR contact me. I think this will happen when the EU savings tax directive comes into play and my off shore banks share information with the IR.

Question:
Do you agree that the DOM1 should be submitted after the IR contact me or should it be submitted earlier?

Thank you very much

[deanshepherd]

The form DOM1 can be submitted whenever you want to clarify your status with the Inland Revenue. I would recommend completing it early.

Dean Shepherd
dean@mmi-online.co.uk
www.mmi-online.co.uk

[King_Maker]

Have you received taxable income which has not been remitted to the UK?

If so, you will need to have your non UK domicile status confirmed, otherwise you could be liable to interest and penalties in addition to paying the tax due.

[Taxbar]

If you have had advice from an true expert in non-domicile taxation you would not be writing to this website!

Have you made any remittances to the UK for any living expenses etc?

Are your accounts offshore separated for income and capital and also any interest accruing on the other accounts?

If you have made remittances are they from separate capital accounts containing pure capital that has not been tainted with income, foreign capital gains, or other mixed sources?

An expert in non-domicile taxation must advise on DOM1 and submit on behalf of a client, otherwise there are many traps in the form and
you are unlikely to get a ruling.

Daniel Feingold
STP
info@stratax.co.uk

[D Sum]

Just to add

A DOM1 should be submitted where no tax return has been submitted before. The Revenue have had spates of not accepting a DOM1 form where you have "self-assessed" yourself as being non domicile. Tax Bulletin 29 provides a good summary - hmrc.gov.uk/bulletins/tb29.pdf

Darren Sum

[TaxationWeb@BritishA]

The validity of professional advice can be tested by a willingness to attest to the fact by signing on the dotted line. If they've advised you that you are non-dom, logically, they should have enough confidence in this advice to be willing to file the DOM1 form for you. I'd be wary of any professional advice that doesn't include the resulting compliance work.

[napata]

As this is still available for view on the web I thought I should clarify and comment. There is a clear misunderstanding here. DOM1 cannot be accepted if there is no tax at stake. This is why sometimes one has to wait till a tax issue arises before a DOM1 can be submited. I have come across advisers who have either recommended opening small accounts offshore or have 'declared' foreign interest income of £10 just to have the DOM1 accepted. Those who say every adviser must submit a DOM1 regardless of whether any tax is at stake are simply wrong. I agree with the comment that the question sounds more like self help - because if he ever had off shore accounts then a DOM 1 would be accepted, (and if he had no UK income then there is a suspicion of remittances!), so either he did not come 'clean' with his advisers or he never had any! Anyway, all is now overtaken by new legislation.