PART XVII TAX AVOIDANCE
CHAPTER V OFFSHORE FUNDS
Charge to tax of offshore income gains
761 Charge to income tax or corporation tax of offshore income gain.
M11
If a disposal to which this Chapter applies gives rise in accordance with section 758 F1or Schedule 28 to an offshore income gain, then, subject to the provisions of this section, the amount F4of that gain—
a
shall be treated for all the purposes of the Tax Acts as income arising at the time of the disposal to the person making the disposal, and
b
shall be charged—
i
to income tax for the year of assessment in which the disposal is made, or
ii
to corporation tax as a profit or gain under Case VI of Schedule D for the accounting period in which the disposal is made.
F51A
The income tax charged by virtue of subsection (1)(b)(i) above shall be charged on the full amount of the income treated as arising in the year of assessment.
2
Subject to subsection (3) below, F6sections 2(1), 10 and 10BF2of the 1992 Act (persons chargeable to tax in respect of chargeable gains) and F7section 11(2A)(c) shall have effect in relation to income tax or corporation tax in respect of offshore income gains as they have effect in relation to capital gains tax or corporation tax in respect of chargeable gains.
3
In the application of F8sections 10 and 10BF2of the 1992 Act in accordance with subsection (2) above, paragraphs (a) and (b) of F9subsection (1) of section 10 (which define the assets on the disposal of which chargeable gains are taxable) shall have effect with the omission of the words “situated in the United Kingdom and”F10 and paragraphs (a) and (b) of subsection (1) of section 10B (which make similar provision in relation to corporation tax) shall have effect with the omission of the words “situated in the United Kingdom and”.
F34
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5
In the case of individuals resident or ordinarily resident but not domiciled in the United Kingdom, section F212 of the 1992 Act (which provides for taxation on a remittance basis) shall have effect in relation to income tax chargeable by virtue of subsection (1) above on an offshore income gain as it has effect in relation to capital gains tax in respect of gains accruing to such individuals from the disposal of assets situated outside the United Kingdom.
6
F156A
See section 535 of ITA 2007 for an exemption for income tax purposes for offshore income gains accruing to a charitable trust.
6B
If property held on charitable trusts ceases to be subject to charitable trusts and that property represents directly or indirectly an offshore income gain, the trustees shall be treated as if they had disposed of and immediately reacquired that property for a consideration equal to its market value, any gain (calculated in accordance with Schedule 28) accruing being treated as an offshore income gain not accruing to a charity.
6C
In this section “charity” and “charitable company” have the same meaning as in section 506 and “market value” has the same meaning as in the 1992 Act.
7
In any case where—
a
a disposal to which this Chapter applies is a disposal of settled property, within the meaning of the F21992 Act, and
F11b
at the time of the disposal referred to in paragraph (a) above the trustees of the settlement are neither resident nor ordinarily resident in the United Kingdom for the purposes of the 1992 Act,
subsection (1) above shall not apply in relation to any offshore income gain to which the disposal gives rise.