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Legislation
Income Tax Act 2007

Crossheading Application of remittance basis

  • Section 809B Claim for remittance basis to apply
  • Section 809C Claim for remittance basis by long-term UK resident: nomination of foreign income and gains to which section 809H(2) is to apply
  • Section 809D Application of remittance basis without claim where unremitted foreign income and gains under £2,000
  • Section 809E Application of remittance basis without claim: other cases
  1. Application of remittance basis
  2. Application of remittance basis without claim: other cases

Section 809E | Application of remittance basis without claim: other cases

From legislation.gov.uk

(1)This section applies to an individual for a tax year if—

(za)the tax year is the tax year 2024-25 or an earlier tax year,

(a)the individual is UK resident for that year,

(b)the individual is not domiciled in the United Kingdom in that year ...,

(c)for that year the individual either has no UK income or gains or has no UK income and gains other than taxed investment income not exceeding £100.

(d)no relevant income or gains are remitted to the United Kingdom in that year, and

(e)either—

(i)the individual has been UK resident in not more than 6 of the 9 tax years immediately preceding that year, or

(ii)the individual is under 18 throughout that year

unless the individual gives notice in a return under section 8 of TMA 1970 that this section is not to apply in relation to the individual for that year.

(1A)Section 835BA (deemed domicile) applies for the purposes of subsection (1)(b).

(2)For the purposes of subsection (1)(c) the individual's UK income and gains for the tax year are the individual's income and chargeable gains for that year other than what would (if this section applied) be the individual's foreign income and gains for that year.

(2A)For the purposes of subsection (1)(c) “taxed investment income” means UK income or gains consisting of payments within section 946 from which a sum representing income tax has been deducted.

(3)For the purposes of subsection (1)(d) relevant income and gains are—

(a)what would (if this section applied) be the individual's foreign income and gains for the tax year mentioned in subsection (1), and

(b)the individual's foreign income and gains for every other tax year for which section 809B or 809D or this section applies to the individual.

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