Today we continued our 2024 mobility tax summer school series jointly sponsored by AIRINC and GTN with an in-depth review of mobility tax developments in the United Kingdom. Here is a summary of the topics we discussed.
Post Election Budget Tax Proposals
The Labour Party’s manifesto outlines several tax proposals. Firstly, they pledge no increase in National Insurance, VAT (Value Added Tax), or income tax rates (excluding Scotland). However, capital gains tax and inheritance tax rates remain unspecified. Secondly, Labour aims to abolish non-domicile status and replace it with a modern scheme for short-term residents. Thirdly, private schools would lose VAT exemption and business rates relief, effectively increasing private school fees by 20%. Fourthly, Labour proposes reforms to carried interest taxation, ensuring fund managers are taxed appropriately based on their capital at risk. Additionally, Labour plans to review pensions and potentially reintroduce the Pensions Lifetime Allowance, while also addressing offshore trusts to avoid inheritance tax. Lastly, Labour intends to raise the stamp duty rate for non-residents by 1%.
The previous government considered abolishing National Insurance Contributions (NIC), but the new Labour government currently has no plans to change this.
The Labour Party has announced that the next budget will be released 30th October, allowing time for economic reports to be issued by The Office for Budget Responsibility which will inform the policy decisions to be made.
Poll Results: What tax changes will the Labour Party propose as part of its “Autumn Budget”?
- 10% - Implement major tax reform, including tax increases
- 38% - Propose modest changes but retain the existing tax system largely intact
- 8% - Propose tax cuts over the next two to three years
- 43% - I have no idea what tax policy to expect!
Non-Domicile tax changes
Currently, an individual can claim non-domicile (Non-Dom) status if they are a UK resident but their permanent home is outside the UK. There are two ways to claim Non-Dom status: (1) based on the father’s permanent home at the time of the individual’s birth, or (2) when an individual moves overseas with the intention of permanent residence. The tax benefits of Non-Dom status include avoiding tax on non-UK personal income and gains on non-UK assets. That income is only taxable if remitted to the UK. However, there is a cost. Maintenance payments are required (£30,000/year for 7 of the previous 9 tax years, or £60,000/year for 12 of the previous 14 tax years). Non-domicile status cannot be claimed after 15 of the previous 20 tax years. Only 74,000 individuals claimed non-domicile status on their 2022/23 UK tax return with 58% of those Non-Doms based in London.
The previous government announced the abolishment of non-domicile status from 6 April 2025 in the Spring 2024 budget and proposed a new residence-based tax regime for individuals moving to the UK. The new regime would apply to all individuals that are non-resident for the last 10 consecutive tax years. During the first four years of UK residence, no tax is due on overseas investment income and gains, and there is no requirement to keep income outside the UK. From year five onwards, foreign nationals must declare and pay UK tax on worldwide income. There is no option to extend the exemption period. The 3-year window for overseas workday relief on foreign-sourced earnings for those moving to the UK is to be retained, but without the requirement to keep a certain amount of earnings offshore or establish UK qualifying accounts. There are transitional rules proposed for taxpayers benefiting from the legacy Non-Dom Regime, but the Labour Party has suggested they may amend these transitional rules in the Autumn Budget.
Tax Planning Considerations with the transition from Non-Dom to the new Residence-based Regime include:
- Opening New Accounts: Assignees may still benefit from opening new accounts from 6 April 2025 for overseas earnings while remaining eligible for overseas workday relief.
- British Citizens Repatriating: The new rules will also apply to British citizens repatriating after 10+ years of absence, potentially favoring offshore investments for the first four years.
- IHT Rules: Clarity on Inheritance Tax (IHT) rules may emerge once the Autumn Budget is announced.
Do you expect the changes to the Non-Domicile Scheme to impact your Global Mobility program?
- 28% - Potentially increase our Global Mobility costs
- 10% - Potentially decrease our Global Mobility costs
- 21% - Changes are outside the scope of our Global Mobility program
- 20% - We do not have any employees inbound to the U.K. that will be impacted
- 21% - I have no idea if this impacts our program!
Brexit Impact
On 23 June, 2016, a Brexit referendum took place in the UK and Gibraltar, resulting in 52% voting to leave the EU. The UK officially left the EU on 31 January, 2020, after being a member since 1 January, 1973. Public opinion since then has been mixed. As of May 2024, 55% believe leaving the EU was wrong, while 31% consider it the right decision. Only 31% would want complete rejoining, suggesting a preference for a different EU relationship. The economic impact of Brexit has also been mixed. The UK economy is estimated to be 2.5% smaller in 2023 due to Brexit, with projections indicating further contractions - 3% smaller in 2024 and 3.2% smaller in 2025. Whilst growth in the trade of goods is 10% below pre Brexit levels, trade in services is 12% higher and currently the strongest of the G7.
Net migration to the UK increased post-Brexit, reaching a record 606,000 in 2022, with Non-EU workers, Ukrainians, and Hong Kong nationals driving the influx. New policies are in place to limit EU workers ability to obtain skilled jobs, set minimum salary thresholds, and other worker requirements.
The UK/EU Trade Agreement, effective since January 1, 2021, broadly maintains social security rules like the agreement, but with a new lower time limit. A1 certificates for EU countries have a maximum 24-month validity (no longer five years as before). EEA countries (Norway, Switzerland, Iceland) have varying maximum periods (e.g., 36 months for Norway).
Detached Duty Relief - Navigating Temporary Work Assignments
Detached Duty Relief is a tax provision designed for individuals who find themselves temporarily working away from their usual or permanent workplace. Here are the key points to understand. Qualifying employees include individuals assigned to the UK while remaining employed by an overseas entity, and UK employees required to work at another location for a fixed period, where daily commuting is impractical. It is applicable for assignments that are ‘temporary’ defined as less than 24 months. If the assignment exceeds this period, Detached Duty Relief ceases from the point the decision is made to extend the assignment beyond two years.
Employees can claim specific expenses related to their temporary work arrangement, as follows:
- Accommodation: Hotel costs or accommodation in the new location (limited to the employee, not family members).
- Ancillary Costs: This includes meals, utilities, and other incidental expenses.
- Property Taxes: For instance, council tax.
- Travel Costs: Expenses incurred while traveling between the normal home and the temporary location, including commuting costs.
In some cases, Detached Duty Relief can be claimed for more than 24 months if work at the second location constitutes less than 40% of the employee’s overall duties. For example, a London-based worker spending 2 days a week in Manchester and 3 days a week in London would qualify without a time limit.
UK’s HM Revenue and Customs agency (HMRC) has been active in auditing Detached Duty Relief claims. Be aware that claims under Detached Duty Relief are likely to face scrutiny. Ensure proper backup documentation is on tax returns and clearly tie claims to the intentions behind the temporary assignment.
Watch out for the following pitfalls:
- Assignments Beyond 2 Years: Detached Duty Relief doesn’t apply if the assignment extends beyond 24 months.
- Full 24-Month Claims: Avoid claiming for the entire 24 months if the intention changes during the initial 24 months to extend the assignment beyond that.
- Employee-Only Claims: Remember that Detached Duty Relief is for employees, not family members.
- Meal Claims: Exercise caution when claiming meals without proper receipts or proof of expenses.
Navigating Detached Duty Relief requires attention to detail and adherence to HMRC guidelines. As always, consulting with a tax professional is advisable to ensure compliance and maximize benefits.
Is HMRC auditing your company’s Detached Duty Relief program?
- 4% - We have received some inquiries from HMRC
- 1% - HMRC is currently auditing our Detached Duty Relief program
- 19% - We haven’t yet been contacted by HMRC, but are currently reviewing our tax exposure
- 76% - We are not using the Detached Duty Relief program
Pay As You Earn (PAYE) developments, including Benefits In Kind (BIK), Short Term Business Visitors (STBV), and Modified PAYE schemes
Real-Time Reporting of Benefits In Kind (BIK)
Informal PAYE procedures currently exist for BIKs on a voluntary basis. From April 2026, real-time reporting of BIK will become mandatory. Under the current requirements, BIK are reported on Forms P11D by 6 July following the tax year end and Class 1A National Insurance Contributions (NIC) are to be paid by 22 July. Under real-time reporting, BIK are to be reported in the current pay period the BIKs are provided. We expect an increased risk of tax-based penalties for errors and challenges in reporting benefits/expenses that are processed, especially for employees seconded to the UK.
Short Term Business Visitors (STBV)
The purpose of STBV is to avoid subjecting earnings related to UK workdays to PAYE (income tax withholding) that will be exempt under a tax treaty. There is a registration requirement for STBV arrangements (Appendix 4) when the UK entity receives business travelers from overseas. Certain STBV’s are excluded, including business visitors employed by an overseas branch of a UK entity and non-resident directors of UK companies. There are reporting requirements, including the tracking of business visitors and an annual report to HMRC by 31 May each year. The reporting details depend on the number of days spent in the UK.
Modified PAYE
The Modified PAYE scheme is applicable to tax-equalized assignees in the UK that are not exempt under STBV or a tax treaty. The employee must be on a net pay agreement, with the employer liable for all UK tax on earnings and benefits. Application for modified PAYE must be submitted and approved by HMRC prior to implementation. Modified PAYE allows for streamlined payroll reporting. Taxable earnings and benefits are reported in UK payroll on a “best estimate” basis throughout the tax year, with a true-up on the self-assessment return after the tax year end. Modified PAYE enables claims for overseas workday relief and ensures the final tax return closely aligns with withholding tax remitted.
Are you preparing for Real-Time Reporting for Benefits-in-Kind?
- 12% - We have started changing our PAYE payroll processes to meet these new monthly reporting rules
- 18% - We already report BIK’s monthly on a voluntary basis
- 39% - We are investigating what we will need to do to meet these new BIK reporting rules
- 30% - We were not aware of these new rules but will be discussing with our payroll and tax providers
Watch Now
If you missed attending this second session of our summer school series on mobility taxation live, you can view the recording on-demand here. Each session is eligible for 1 CRP/GMS credit. Details provided on the recording. Session one covering essential tax support for inbound employees to the U.S.A. is available here.
Please consider joining our next session, covering global mobility tax and equity scheduled for August 29, 2024, at 10am EDT. Subscribe to the blog to stay informed about upcoming webinars, events, product updates, and more.
