Introduction to non-dom status
Non-domiciled status is a special tax status that is available in countries such as the UK, Malta and Ireland. It applies to people who live in the respective country but are not considered to be permanently resident there. This status allows residents to pay tax on their foreign income only if it is remitted to their country of residence.
Advantages of non-dom status
The main advantage of non-dom status lies in the Tax optimization. Foreign income only has to be taxed if it is transferred to the country of residence (remittance basis). This opens up numerous opportunities to manage international income legally and efficiently.
Who can obtain non-dom status?
Non-dom status is open to persons who:
- Moving to the respective country from abroad
- Do not have citizenship of the country
- In Great Britain: People whose father was not born in Great Britain
Not permanently rooted: meaning and implications
In the context of non-dom status, "not permanently rooted":
- No intention to remain permanently in the country of residence
- The country of residence is not considered a permanent home
- No deeper historical or family connection to the country of residence
This definition is crucial as it forms the basis for non-dom status.
Specific regulations in different countries
Malta
- Offers an attractive "Residence Program" for non-doms
- Foreign income is only taxed if it is transferred to Malta
- Possibility of a flat-rate tax for wealthy individuals
Ireland
- "Remittance basis of taxation" for non-doms
- Foreign income is only taxed if it is remitted to Ireland
- No time limit on non-dom status as in the UK
Great Britain
- Foreign income and capital gains only have to be taxed if they are transferred to the UK
- After 7 years of residence: An annual lump sum tax to retain non-dom status
- After 15 years within the last 20 years: loss of preferential tax status
Practical implementation of the 0% tax strategy
To actually achieve 0% taxes, non-doms can take the following steps:
- Establishment of a US LLC to manage all Foreign income
- Opening bank accounts for the LLC outside the country of residence
- Reinvestment of all profits via the LLC, without transfers to the country of residence
- Use of credit cards linked to foreign accounts for expenses in the country of residence
- Careful documentation of all transactions for differentiation between taxed and untaxed funds
This strategy means that income can effectively remain untaxed as long as it is not transferred to the country of residence.
The role of the US LLC in tax optimization
A US LLC (Limited Liability Company) offers flexibility and tax benefits that can be advantageous for non-doms. The income of the LLC in the USA and reinvested without having to pay tax on them in their country of residence. This is particularly useful for entrepreneurs and freelancers who conduct international business.
Case studies for illustration
Anna: Software developer in Great Britain
- Goes from Germany to London
- Founds a US LLC for her freelance work
- Earns USD 100,000 per year through the LLC
- Does not have to pay tax on this income in the UK as long as she does not transfer the money to the UK
- Leaves the money in a US bank account and invests it further from there
Michael: Investor in Malta
- Moves from Germany to Malta
- Establishes a US LLC to manage his international equity portfolio
- Generates USD 500,000 annually in dividends and capital gains
- Does not have to pay tax on this income in Malta as long as he does not transfer it to Malta
- Reinvests profits in other international investments via his US LLC
Sarah: Online entrepreneur in Ireland
- Pulls from the USA to Ireland
- Operates her e-commerce business via a US LLC
- Generates USD 300,000 annually from the sale of digital products
- Does not have to pay tax on this income in Ireland as long as she does not transfer the money to Ireland
- Uses a large part of the income for reinvestment in her business
Temporal aspects and restrictions of non-dom status
The non-dom status is usually limited in time:
- In Great Britain:
- After 7 years: Annual flat-rate tax for retention of benefits
- After 15 years within the last 20 years: loss of preferential tax status
Legal considerations
Although these strategies are legal, the following points should be considered:
- Potential future legislative changes
- Possible impact on access to local social benefits
Conclusion
The combination of non-dom status and US LLC offers a legal opportunity for significant tax reduction up to 0% for foreign income. However, this strategy requires careful planning, professional advice and consideration of long-term consequences.
FAQs
What does "not permanently rooted" mean?
In the context of non-dom status, "not permanently rooted":
- No intention to remain permanently in the country of residence
- The country of residence is not considered a permanent home
- No deeper historical or family connection to the country of residence
This definition is important as it forms the basis for non-dom status.
What are the advantages of non-dom status in the UK?
In the UK, non-doms can leave foreign income and capital gains untaxed as long as they are not remitted to the UK. However, after 7 years of residence, an annual lump sum tax must be paid in order to retain the status.
How does the taxation of foreign income in Ireland work for non-doms?
Ireland only taxes foreign income when it is remitted to Ireland. There is no time limit for non-dom status in Ireland, which facilitates long-term tax planning.
Can a US LLC really help to save taxes?
Yes, a US LLC can help you save taxes by Income in the USA managed and reinvested without having to pay tax on them in the country of residence of the non-dom.
What are the ethical considerations when using the non-dom status?
There are ethical considerations regarding tax avoidance and the use of public services in the country of residence. It is important to consider the long-term social and economic impact.
What are the country-specific differences in non-dom status?
Malta offers a residency program with lump sum tax options, Ireland has no time limit on non-dom status, and the UK has specific rules for taxation after 7 and 15 years of residence.