The two questions that decide it
Since 6 April 2025 the test is residence, not domicile. First, where is the asset situated? UK assets are always within UK inheritance tax, whoever gives them and from wherever. Second, are you a long-term UK resident at the date of the gift? If you were UK tax resident in at least 10 of the previous 20 tax years, your worldwide assets are in scope, so a gift of a foreign portfolio or overseas property is a potentially exempt transfer with a 7-year clock. If neither applies, the gift is simply not an inheritance tax event. The full framework, with worked examples, is in our guide to inheritance tax on gifts when you live abroad.
The 3 to 10 year tail
Leaving the UK does not switch the charge off. If you were a long-term UK resident when you left, the status persists for between 3 and 10 tax years: 3 years if you were resident in 13 or fewer of the last 20 tax years, then one extra year for each additional resident year, up to 10 for someone resident in all 20. The timing difference is dramatic. In the worked example in our guide, a £500,000 foreign portfolio gifted during the tail produced up to £67,600 of tax on an early death; the identical gift made after the tail expired produced nothing, because the asset had become excluded property. Anyone leaving the UK with foreign wealth should map their tail before deciding when to give.
UK assets never leave the net
For UK property, UK company shares and UK land there is no escape by emigration, so the 7-year rule always matters: gift now, survive 7 years, and the asset falls out of your estate, with taper relief reducing the tax rate from 32% down to 8% where death falls between 3 and 7 years after the gift. Two traps for non-resident givers: continuing to use a gifted UK property can be a gift with reservation of benefit, keeping it in your estate anyway, and the gift is a market-value disposal for capital gains tax, which non-residents pay on UK property even though no money changes hands. Cross-border gift timing is exactly what we plan for clients on fixed fees agreed upfront: book a free clarity call at /book.
