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Part 8U.K.Foreign income: special rules

Chapter 1U.K.Introduction

829Overview of Part 8U.K.

This Part provides for—

[F1(a)the charging of relevant foreign income of a person to whom section 809B, 809D or 809E of ITA 2007 applies (remittance basis),]

(b)certain deductions in calculating relevant foreign income where that basis does not apply (see Chapter 3), and

(c)relief where a person is prevented from transferring income to the United Kingdom (see Chapter 4).

Textual Amendments

F1S. 829(a) substituted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 50

830Meaning of “relevant foreign income”U.K.

(1)In this Act “relevant foreign income” means income [F2which—

(a)arises from a source outside the United Kingdom, and

(b)is chargeable under any of the provisions specified in subsection (2) (or would be so chargeable if section 832 did not apply to it).]

(2)The provisions are—

(a)Chapter 2 of Part 2 (trade profits),

(b)Chapter 17 of Part 2 (adjustment income),

(c)Chapter 3 of Part 3 (profits of property business),

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)Chapter 2 of Part 4 (interest),

(f)Chapter 4 of Part 4 (dividends from non-UK resident companies),

(g)Chapter 7 of Part 4 (purchased life annuity payments),

(h)Chapter 8 of Part 4 (profits from deeply discounted securities),

(i)Chapter 13 of Part 4 (sales of foreign dividend coupons),

(j)section 579 (royalties and other income from intellectual property),

(k)Chapter 3 of Part 5 (films and sound recordings: non-trading businesses),

(l)Chapter 4 of Part 5 (certain telecommunication rights: non-trading income),

(m)section 649 (estate income),

(n)Chapter 7 of Part 5 (annual payments not otherwise charged), and

(o)Chapter 8 of Part 5 (income not otherwise charged).

(3)But “relevant foreign income” does not include income chargeable as a result of section 844 (unremittable income: income charged on withdrawal of relief after source ceases).

(4)For the treatment of other income as relevant foreign income, see—

(a)section 857(3) (a partner's share of a firm's trading income),

[F4(aa)section 762ZB(2) of ICTA (offshore income gains),]

(b)paragraph 6(3) of Schedule 3 to the Commonwealth Development Corporation Act 1999 (c. 20) (distributions by the Commonwealth Development Corporation),

(c)section 575(3) of ITEPA 2003 (taxable pension income: foreign pensions),

(d)section 613(4) of that Act (taxable pension income: foreign annuities),

(e)section 631(3) of that Act (pre-1973 pensions paid under the Overseas Pensions Act 1973 (c. 21)),

(f)section 635(4) of that Act (taxable pension income: foreign voluntary annual payments), F5...

(g)section 679(2) of that Act (taxable social security income: foreign benefits).

[F6(h)section 670A of ITA 2007 (accrued income profits),][F7and

(i)sections 726, 730 and 735 of that Act (transfer of assets abroad: foreign deemed income).]

Textual Amendments

F2Words in s. 830(1) substituted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 51(2)

F3S. 830(2)(d) omitted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 7 para. 51(3)

F4S. 830(4)(aa) inserted (with effect in accordance with Sch. 7 para. 98 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 96

F5Word in s. 830(4)(f) omitted (with effect in accordance with Sch. 7 para. 160 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 7 para. 156(a)

F6S. 830(4)(h) inserted (with effect in accordance with Sch. 7 para. 160 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 156(b)

F7S. 830(4)(i) and word inserted (with effect in accordance with Sch. 7 para. 170 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 162