336 Temporary residents in the United Kingdom.U.K.
M1(1)A person shall not be charged to income tax under [F1a charge to which subsection (1A) applies] as a person residing in the United Kingdom, in respect of profits or gains received in respect of possessions or securities out of the United Kingdom, if—
(a)he is in the United Kingdom for some temporary purpose only and not with any view or intent of establishing his residence there, and
(b)he has not actually resided in the United Kingdom at one time or several times for a period equal in the whole to six months in any year of assessment,
but if any such person resides in the United Kingdom for such a period he shall be so chargeable for that year.
[F2(1A)This subsection applies to—
[F3(a)any charge under ITTOIA 2005 on relevant foreign income,]
(b)the charge under Part 9 of ITEPA 2003 (pension income) in respect of—
(i)income to which section 573, [F4609, 610, 611 or 629 of that Act applies,]
[F5(ia)an annuity under an annuity contract that is a registered pension scheme, or]
(ii)any annual payment to which section 633 of that Act applies which is made by or on behalf of a person who is outside the United Kingdom, F6. . .
(iii)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the charge under Part 10 of ITEPA 2003 (social security income) in respect of benefits to which section 678 of that Act applies (foreign benefits).]
(2)For the purposes of [F7determining taxable earnings from an employment under Chapters 4 and 5 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (employment income: charge to tax)], a person who is in the United Kingdom for some temporary purpose only and not with the intention of establishing his residence there shall not be treated as resident in the United Kingdom if he has not in the aggregate spent at least six months in the United Kingdom in the year of assessment, but shall be treated as resident there if he has.
[F8(3)The question whether—
(a)a person falls within subsection (1)(a) above, or
(b)for the purposes of subsection (2) above a person is in the United Kingdom for some temporary purpose only and not with the intention of establishing his residence there,
shall be decided without regard to any living accommodation available in the United Kingdom for his use.]
Textual Amendments
F1Words in s. 336(1) substituted (6.4.2003 with effect in accordance with s. 723(1) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 48(2) (with Sch. 7)
F2S. 336(1A) inserted (6.4.2003 with effect in accordance with s. 723(1) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 48(3) (with Sch. 7)
F3S. 336(1A)(a) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 144 (with Sch. 2)
F4Words in s. 336(1A)(b)(i) substituted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 35 para. 13(a) (with Sch. 36)
F5S. 336(1A)(b)(ia) inserted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 35 para. 13(b) (with Sch. 36)
F6S. 336(1A)(b)(iii) and preceding word repealed (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 35 para. 13(c), Sch. 42 Pt. 3, Note (with Sch. 36)
F7Words in s. 336(2) substituted (22.7.2004) by Finance Act 2004 (c. 12), Sch. 17 para. 10(2)
F8S. 336(3) inserted (27.7.1993 with effect for the year 1993-94 and subsequent years of assessment) by 1993 c. 34, s. 208(1)(4)
Modifications etc. (not altering text)
C1 See 1979(C) s.18(3)—corresponding provision for capital gains.
Marginal Citations
M1Source-1970 s.51