# US husband on UK spousal visa - can he move to Channel Islands to avoid Capital Gains?



## K8_78 (11 mo ago)

My US husband has only been in the UK since August 2021, a pandemic move so I could be home with family after 2 years of not seeing them while living abroad. He is on a spousal visa and qualifies for remittance basis of taxation at present. However he is due to realise a large capital gain soon. Our tax advisor is advising that he leaves the UK and spends the next tax year abroad. That would mean leaving our two young children and me which will be really tough on us all.
Looking at places not too far he could relocate to and wondering if he could live in Jersey for the year on his UK spousal visa? Appreciate any advice


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## Bevdeforges (Nov 16, 2007)

You're aware, I hope, that being anywhere outside the US does not relieve your US husband of his tax obligations to the US. The IRS expects all citizens to report their worldwide income no matter where in the world they are located. And for someone with a long-term visa, the host country usually requires the same reporting of worldwide income from all sources. Not sure how spending a tax year abroad is going to reduce any capital gains taxes no matter where he goes.


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## K8_78 (11 mo ago)

Bevdeforges said:


> You're aware, I hope, that being anywhere outside the US does not relieve your US husband of his tax obligations to the US. The IRS expects all citizens to report their worldwide income no matter where in the world they are located. And for someone with a long-term visa, the host country usually requires the same reporting of worldwide income from all sources. Not sure how spending a tax year abroad is going to reduce any capital gains taxes no matter where he goes.


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## K8_78 (11 mo ago)

Yes we are acutely aware. However the US does not tax on the first $10M of capital gains for founders of companies which are more than 5 years old. So he will not owe any capital gains in the US.


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## Moulard (Feb 3, 2017)

K8_78 said:


> wondering if he could live in Jersey for the year on his UK spousal visa?


You don't need immigration permission to live or work in Jersey if you're:

 a British or Irish citizen or a British subject with the right of abode
 an EU / EEA passport holder who holds settled or pre-settled status
 a family member of an EU / EEA passport holder who holds settled or pre-settled status
 a Commonwealth citizen admitted on the grounds of UK ancestry
 a Commonwealth citizen with a certificate of entitlement to the right of abode
 a participant in the Youth Mobility Scheme
 a non-EU / EEA passport holder who has no restrictions attached to your stay

You could always contact the Jersey Immigration Office if unsure.

T 01534 448000
E [email protected]


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## K8_78 (11 mo ago)

Moulard said:


> You don't need immigration permission to live or work in Jersey if you're:
> 
> a British or Irish citizen or a British subject with the right of abode
> an EU / EEA passport holder who holds settled or pre-settled status
> ...





Moulard said:


> You don't need immigration permission to live or work in Jersey if you're:
> 
> a British or Irish citizen or a British subject with the right of abode
> an EU / EEA passport holder who holds settled or pre-settled status
> ...


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## K8_78 (11 mo ago)

Thank you. I did read that on the immigration site but it wasn’t clear to me if he fell into any of those categories. I will give them a call.


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