Income and Corporation Taxes Act 1988

Supplemental U.K.

F1 275 Meaning of “relative”. U.K.

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Textual Amendments

F1 S. 275 repealed (1988-89 and subsequent years) by Finance Act 1988 (c. 39), s. 148, Sch. 14 Part IV

276 Effect on relief of charges on income. U.K.

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 276 repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 38, Sch. 3 Pt. 1 (with Sch. 2)

277 Partners. U.K.

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 277 repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 39, Sch. 3 Pt. 1 (with Sch. 2)

278 Non-residents. U.K.

(1) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F5 Subject to subsection (2ZA) below, relief under this Chapter shall be given only to an individual] who F6 . . . —

[F7 (za) is not resident in the United Kingdom,

(zb) does not meet the condition in section 56(3) of ITA 2007, and]

(a) is a Commonwealth citizen or [F8 an EEA national];F9 . . .

(b) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (2ZA) Relief under section 266 above (except relief given by virtue of subsection (7) of that section) may also be given to an individual who—

(a) is resident in the United Kingdom, or

(b) meets the condition in section 56(3) of ITA 2007.]

[F11 F12 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) No relief under this Chapter shall be given so as to reduce the amount of the income tax payable by the individual below the amount which results from applying the fraction—

to the amount which would have been payable by him by way of income tax if the tax were chargeable on his total income from all sources (including income which is not subject to income tax charged in the United Kingdom) where—

Ais the amount of his income subject to income tax charged in the United Kingdom; and

Bis the amount of his total incomeF13 .

(4) M1 Subsection (3)above shall have effect as if the amount of any relief to which an individual is entitled under section 266(4)were an amount by which his liability to income tax is reducedF11 .

(5) M2 For the purposes of subsection (3)above as it applies to an individual whose income includes income eligible for double taxation relief—

(a) in computing the amount of the income tax payable by the individual, the tax chargeable in respect of the income eligible for double taxation relief shall be disregarded;

(b) in computing the amount of his income subject to income tax charged in the United Kingdom, the income eligible for double taxation relief shall be disregarded; and

(c) in computing his total income from all sources, including income which is not subject to income tax charged in the United Kingdom, income eligible for double taxation relief shall be included, and the income tax which would be chargeable on that total income shall be computed without regard to the double taxation relief available in respect of the income eligible for double taxation relief;

and, accordingly, where this subsection applies, the amount of the tax chargeable in respect of the income eligible for double taxation relief shall not be affected by subsections (2)and (3)aboveF13 .

(6) Subsection (5)shall not operate so as to make the tax payable by an individual for a year of assessment higher than it would have been if the double taxation relief had not been availableF13 .

(7) In subsection (5)above “income eligible for double taxation relief” means any dividends, interest, royalties or other profits which are chargeable to income tax but in respect of which relief (other than credit) is available under an Order in Council under section 788so as to limit the rate of income tax so chargeable (but not so as to confer an exemption and make it income which is not subject to income tax charged in the United Kingdom)F13 .

(8) Any claim which an individual is entitled to make by virtue of subsection (2) above shall be made to the Board.

[F14 (9) In this section “EEA national” means a national of any State, other than the United Kingdom, which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.]

Textual Amendments

F4 S. 278(1) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 40(2), Sch. 3 Pt. 1 (with Sch. 2)

F5 Words in s. 278(2) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 40(3)(a) (with Sch. 2)

F6 Words in s. 278(2) repealed (with effect in accordance with s. 134(2) of the repealing Act) by Finance Act 1996 (c. 8), Sch. 20 para. 21, Sch. 41 Pt. 5(10), Note

F7 S. 278(2)(za)(zb) inserted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 40(3)(b) (with Sch. 2)

F8 Words in s. 278(2)(a) substituted (with effect in accordance with s. 145(3) of the amending Act) by Finance Act 1996 (c. 8), s. 145(1)

F9 S. 278(2)(b)-(e) and preceding word repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 40(3)(c), Sch. 3 Pt. 1 (with Sch. 2)

F10 S. 278(2ZA) inserted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 40(4) (with Sch. 2)

F11 1988(F) s.31for 1990-91and subsequent years.

F12 S. 278(2A) repealed (with effect in accordance with Sch. 20 Pt. 3(3) Note 2 of the repealing Act) by Finance Act 1999 (c. 16), Sch. 20 Pt. 3(3)

F13 Repealed by 1988(F) ss.31, 148and Sch.14 Part IVfor 1990-91and subsequent years.

F14 S. 278(9) added (with effect in accordance with s. 145(3) of the amending Act) by Finance Act 1996 (c. 8), s. 145(2)

Modifications etc. (not altering text)

C1 See British Nationality Act 1981 ss.37and 51(1)for definition.

Marginal Citations

M1 Source-1976 Sch.4 18(3)

M2 Source-1970 s.27(3)-(5)