Section 809W | Consideration for certain services ^F1

(1)This section applies to income or chargeable gains if—

(a)the income or gains would (but for subsection (2)) be regarded as remitted to the United Kingdom because conditions A and B in section 809L are met,

(b)condition A in section 809L is met because a service is provided in the United Kingdom (“the relevant UK service”), and

(c)condition B in section 809L is met because section 809L(3)(a) or (b) applies to the consideration for the relevant UK service (“the relevant consideration”).

(2)The income or chargeable gains are to be treated as not remitted to the United Kingdom if the following conditions are met; but this is subject to subsection (5).

(3)Condition A is that the relevant UK service relates wholly or mainly to property situated outside the United Kingdom.

(4)Condition B is that the whole of the relevant consideration is given by way of one or more payments to one or more bank accounts held outside the United Kingdom by or on behalf of the person who provides the relevant UK service.

(5)Subsection (2) does not apply if the relevant UK service relates (to any extent) to the provision in the United Kingdom of—

(a)a benefit that is treated as deriving from the income by virtue of section 735, or

(b)a relevant benefit within the meaning of section 87B of TCGA 1992 that is treated as deriving from the chargeable gains by virtue of that section.

(6)Sections 275 to 275C of TCGA 1992 (location of assets) apply for the purposes of subsection (3) as they apply for the purposes of TCGA 1992.