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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Remittance basis

  • Section 831 Claims for relevant foreign income to be charged on the remittance basis
  • Section 832 Relevant foreign income charged on remittance basis
  • Section 832A Section 832: temporary non-residents
  • Section 832B Section 832: deductions from remitted income
  • Section 833 Income treated as remitted: repayment of UK-linked debts
  • Section 834 Arrangements treated as repayment of UK-linked debts
  1. Remittance basis
  2. Section 832: temporary non-residents

Section 832A | Section 832: temporary non-residents

From legislation.gov.uk

(1)This section applies if an individual is temporarily non-resident.

(2)Treat any of the individual's relevant foreign income within subsection (3) that is remitted to the United Kingdom in the temporary period of non-residence as remitted to the United Kingdom in the period of return.

(3)Relevant foreign income is within this subsection if—

(a)it is relevant foreign income for the UK part of the year of departure or an earlier tax year, and

(b)section 832 applies to it.

(4)Any apportionment required for the purposes of subsection (3)(a) is to be done on a just and reasonable basis.

(5)Nothing in any double taxation relief arrangements is to be read as preventing the individual from being chargeable to income tax in respect of any relevant foreign income treated by virtue of this section as remitted to the United Kingdom in the period of return (or as preventing a charge to that tax from arising as a result).

(6)Part 4 of Schedule 45 to FA 2013 (statutory residence test: anti-avoidance) explains—

(a)when an individual is to be regarded as “temporarily non-resident”, and

(b)what “the temporary period of non-residence” and “the period of return” mean.

(7)In this section, “double taxation relief arrangements” means arrangements that have effect under section 2(1) of TIOPA 2010.

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