Section 809YA | Exception to section 809Y: proceeds taken offshore or invested

(1)Section 809Y(1) does not apply to property if—

(a)it ceases to be exempt property because the whole of it is sold whilst it is in the United Kingdom, and

(b)conditions A to F are met.

(2)Condition A is that the sale is to a person other than a relevant person.

(3)Condition B is that the sale is by way of a bargain made at arm's length.

(4)Condition C is that, once the sale is completed, no relevant person—

(a)has any interest in the property,

(b)is able or entitled to benefit from the property by virtue of any interest, right or arrangement, or

(c)has any right (whether conditional or unconditional) to acquire any interest mentioned in paragraph (a) or ability or entitlement mentioned in paragraph (b).

(5)Condition D is that the whole of the disposal proceeds are released (whether in one go or in instalments) on or before the final deadline.

(6)“The final deadline” is the first anniversary of the 5 January following the tax year in which the property ceases to be exempt property (within the meaning of section 809Y).

(7)Condition E is that—

(a)the whole of the disposal proceeds are taken offshore or used by a relevant person to make a qualifying investment within the period of 45 days beginning with the day on which the proceeds are released, or

(b)if the disposal proceeds are paid in instalments, each instalment is taken offshore or used by a relevant person to make a qualifying investment within the period of 45 days beginning with the day on which the instalment is released.

(8)But if any of the disposal proceeds are released in the period of 45 days ending with the final deadline, Condition E is satisfied, as respects those proceeds, only if they are taken offshore or used by a relevant person to make a qualifying investment on or before the final deadline.

(9)Condition F is that, if Condition E is satisfied wholly or in part by using disposal proceeds to make a qualifying investment, the remittance basis user makes a claim for relief under section 809YC(2) on or before the first anniversary of the 31 January following the tax year in which the property is sold.

(10)For the purposes of this section, proceeds or instalments are “released” on the day on which they first become available for use by or for the benefit of any relevant person.

(11)This section does not apply if the sale is made as part of or as a result of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax.