Part 8Foreign income: special rules

Chapter 3Relevant foreign income charged on arising basis: deductions and reliefs

839Annual payments payable out of relevant foreign income

1

In calculating the amount of relevant foreign income to be charged to income tax for a tax year, a deduction is to be allowed for an annual payment other than interest if it meets conditions F3A, B1 or B2 and C .

2

Condition A is that the payment is payable out of the relevant foreign income.

3

Condition F5B1 is that, had the payment arisen in the United Kingdom, it would have been chargeable to income tax under one of the following provisions F8...—

  • F4...

  • section 579 (charge to tax on royalties and other income from intellectual property),

  • Chapter 4 of Part 5 (certain telecommunication rights: non-trading income), F2...

  • Chapter 7 of Part 5 (annual payments not otherwise charged).

  • F1, or regulation 15 of the Unauthorised Unit Trusts (Tax) Regulations 2013.

3A

Condition B2 is that, had the payment arisen in the United Kingdom it would have been—

a

required to be brought into account under Part 5 of CTA 2009 (loan relationships) as a non-trading credit, or

b

chargeable to corporation tax under F6Chapter 7 of Part 10 of that Act (annual payments not otherwise charged) or regulation 15 of the Unauthorised Unit Trusts (Tax) Regulations 2013 .

4

Condition C is that the payment is made to a non-UK resident.

5

Subsection (1) does not apply if—

a

the relevant foreign income is received in the United Kingdom, or

b

it is charged for the tax year in accordance with section 832 (relevant foreign income charged on remittance basis).

F76

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