Inheritance Tax Act 1984 section 267ZB

267ZA: further provision about election

Section 267ZB sets out the detailed rules governing how an election to be treated as UK domiciled for inheritance tax purposes is made, the time limits involved, the conditions that must be met, and the circumstances under which such an election ceases to have effect.

• An election must be made in writing to HMRC and must specify a date from which it takes effect, which can be up to 7 years before the date the election is made.
• A lifetime election requires the person to have had a UK-domiciled spouse or civil partner within the 7-year period before the election; a death election can be made by a personal representative where the deceased was UK-domiciled and was the spouse or civil partner of the person covered by the election.
• An election cannot be revoked, but it will automatically cease to have effect if the person is not resident in the UK for income tax purposes for four consecutive tax years.
• Where a chargeable transfer arises between the specified date of effect and the date the election is actually made, the normal time limits for delivering inheritance tax accounts are adjusted so that they run from the date of the election rather than from the date of the transfer.