Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Ownership definition

What does Ownership mean? In legal practice, ownership describes who has the bundle of rights over property: to possess, use, enjoy income, exclude others, transfer, or charge it, subject to law and third‑party rights (such as easements/servitudes, leases and security interests). It is a descriptive expression used across contexts (land, goods, shares, intellectual property), rather than a single statutory definition, though related concepts are defined in legislation and case law (for example, beneficial ownership in anti‑money laundering/PSC regimes and land registration rules). Across England & Wales, Northern Ireland and Ireland, lawyers commonly distinguish legal ownership (title shown on a register, deed or share register) from...

Mortgages for non-UK domiciliaries buying UK residential property: IHT deductibility, remittance and offshore loan rules, GAAR, withholding tax, private and trust lending, and debt situs (including FA 2025 reforms)

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Practice notes

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STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime

Finance Act 2025 (FA 2025), which received Royal Assent on 20 March 2025, legislates to end the remittance basis of taxation and introduce a residence-based system from 6 April 2025. FA 2025 also removes domicile as the primary determinant of Inheritance tax liability. Additional reforms adjust the rules for Excluded property status, abolish the protected settlements status of offshore trusts, and modify overseas workday relief. For further detail, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26.

This Practice Note summarises the issues encountered by non-UK domiciliaries buying a UK home with mortgage finance. Borrowing to fund Ownership has commonly been used as a planning technique for two principal purposes:

to reduce the inheritance tax (IHT) value attributable to the home;
to convert UK situs property (ie the home) into excluded property.

For information on ownership structures, see Practice Notes: UK home ownership structures for non-UK domiciliaries—outline and UK home ownership...

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Web page updated on 21/05/2026

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