Political Parties and Elections Bill

If, after what I have said, the hon. Gentleman will not accept that the individuals concerned, not being tax advisers, might themselves encounter practical difficulties in understanding all this, as a corporate lawyer he is not in touch with Joe Public. Furthermore, given that people's circumstances may change during the four-year period, his original statement may be wrong. The third prong of the test in the permissible-donor provisions is domicile, a notoriously slippery concept to anyone who has had to deal with or advise on it. Political parties will have to determine, in relation to every political donation, whether a person is a non-domiciled UK resident. HMRC recently issued new technical guidance on domicile, consisting of 42 pages. The introduction stresses the difficulties inherent in the determination of domicile. HMRC states:""It is vital to remember that domicile is primarily a matter of common law. The decisions of the courts in the UK and other jurisdictions provide a set of guiding principles, but each case will depend on its own facts"." It also states:""As domicile depends on the facts of an individual's life, each case is unique."" Many people will never have had cause to consider the question of where they are domiciled. In general, the only people who will have had cause to consider it will be those who are resident in the UK and who have substantial foreign income or gains in respect of which they would like to claim the remittance basis of taxation, or those who have been involved with certain family-law issues that may require their domicile to be considered. Such persons are likely to be confined to a relatively small proportion of the total number of individuals who have come from abroad and settled in the UK. It is therefore likely that not only would the vast majority of people never have considered the question of where they might be domiciled, but they would not be familiar with the test for determining domicile. As there is no register of UK-domiciled persons, the political party in receipt of a donation would probably need to ask the donor to make some form of declaration that he or she was so domiciled. Domicile is a general-law concept, and is therefore not defined in statute. Given that many people are likely to be unfamiliar with the general-law concept, it would be necessary to provide some form of guidance on what domicile means, and how people could determine where they were domiciled in order to make the relevant declaration. It is clear from the guidance notes published by HMRC that it is not necessarily straightforward to determine domicile in all cases, and it is arguably unreasonable to require political parties to make the complex and intrusive inquiries that they would have to make to ascertain whether a donor was non-domiciled. Let me explain the tax issues in slightly more detail. It is not absolutely clear what would be meant by income tax liabilities to be determined on the basis that the individual was domiciled. That applies more to the Government's latest amendments. Under current rules, an individual's income tax liabilities are affected by domicile only if the individual elects for the remittance basis of taxation. The election can only be made by non-domiciliaries, but can be made on a year-by-year basis. Is it intended that a resident non-domiciliary who has not elected for the remittance basis in the previous tax year should be eligible to donate, or are such people ineligible because they were non-domiciled although, for that year, they chose not to elect for the remittance basis of taxation? I think that the Minister ought to make that clear, as the issue is open to misrepresentation.