C5C11C6F3Part 7AEmployment income provided through third parties

Annotations:
Amendments (Textual)
F3

Pt. 7A inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 1

Modifications etc. (not altering text)
C5

Pt. 7A modified (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 35(6)

C11

Pt. 7A modified (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 1(8)

C6

Pt. 7A modified (22.7.2020) by 2017 c. 32, Sch. 11 para. 1A(2)(6) (as inserted by Finance Act 2020 (c. 14), s. 16(3))

C2C1C3C5C7C4C9C11C10C6C8CHAPTER 2Treatment of relevant step for income tax purposes

Annotations:
Modifications etc. (not altering text)
C2

Pt. 7A Ch. 2 disapplied (with effect in accordance with reg. 1(2) of the amending S.I.) by The Employment Income Provided Through Third Parties (Excluded Relevant Steps) Regulations 2011 (S.I. 2011/2696), regs. 1(1), 3, 4

C3

Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 29(1)

C7

Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 27(1)

C4

Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 35(1)

C9

Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 25

C10

Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 31

C8

Pt. 7A Ch. 2 excluded (22.7.2020) by 2017 c. 32, Sch. 11 para. 35ZA (as inserted by Finance Act 2020 (c. 14), Sch. 2 para. 38)

Remittance basis

554Z11AF1Temporary non-residents

1

This section applies if A is temporarily non-resident.

2

Any amount within subsection (3) is to be treated for the purposes of section 554Z9(2) F4or (2A) or (as the case may be) 554Z10(2) F2or (2AA) as if it were remitted to the United Kingdom in the period of return.

3

An amount is within this subsection if—

a

it is all or part of a relevant benefit provided to a relevant person (see section 554C(2)) under a relevant scheme,

b

it is provided in the form of the lump sum,

c

it is remitted to the United Kingdom in the temporary period of non-residence, and

d

ignoring this section—

i

no charge to tax arises by virtue of section 554Z9(2) or 554Z10(2) in respect of it, but

ii

such a charge would arise by virtue of one of those sections if the existence of any double taxation relief arrangements were disregarded.

4

Subsection (3)(d)(i) includes a case where the charge could be prevented by making a DTR claim, even if no claim is in fact made.

5

Nothing in any double taxation relief arrangements is to be read as preventing A from being chargeable to income tax in respect of any income treated by virtue of this section as remitted to the United Kingdom in the period of return (or as preventing a charge to that tax from arising as a result).

6

Part 4 of Schedule 45 to FA 2013 (statutory residence test: anti-avoidance) explains—

a

when an individual is to be regarded as “temporarily non-resident”, and

b

what “the temporary period of non-residence” and “the period of return” mean.

7

In this section—

  • “double taxation relief arrangements” means arrangements that have effect under section 2(1) of TIOPA 2010;

  • “DTR claim” means a claim for relief under section 6 of that Act;

  • “relevant benefit” has the same meaning as in Chapter 2 of Part 6;

  • “relevant scheme” means an employer-financed retirement benefits scheme (within the meaning of that Chapter) or a superannuation fund to which section 615(3) of ICTA applies;

  • “remitted to the United Kingdom” has the same meaning as in Chapter A1 of Part 14 of ITA 2007.