ACCA Advanced Taxation (ATX) Practice Exam

What does 'domicile of dependency' refer to?

1. It depends on personal choice

2. It depends on the mother until a certain age

3. It depends on the father until aged 16

4. It is independent after age 18

The correct answer is: It depends on the father until aged 16

Domicile of dependency refers specifically to the concept that a child's domicile is determined by the domicile of their parents or guardians until they reach a certain age. In this case, the correct answer is that it depends on the father until the child reaches the age of 16. The rationale behind this is based on legal principles governing the determination of domicile for minors. For children, domicile is typically linked to the domicile of the father. Therefore, if the father has a specific domicile, the child would share that domicile until reaching the age of majority, which is commonly recognized as 16 years in many jurisdictions. Once this age is reached, the child can choose their own domicile based on their personal circumstances or intentions. In contrast, while personal choice does play a role in determining domicile once a person reaches adulthood, prior to that, the concept of domicile of dependency limits that personal agency and ties the child's legal identity to that of the father. The notion that domicile depends on the mother until a certain age or becomes independent after age 18 applies differently in various jurisdictions but does not encapsulate the legal framework governing domicile until 16, which makes the focus on the father's domicile the critical factor.