Part 13Tax avoidance
Chapter 2Transfer of assets abroad
Charge where benefit received
735Non-domiciled individuals
(1)
This section applies if—
(a)
apart from this section, an individual receiving a benefit would be chargeable to income tax under section 731 in respect of any income treated as arising to the individual (“the chargeable amount”), and
(b)
conditions A to C are met.
(2)
Condition A is that the individual is domiciled outside the United Kingdom.
(3)
Condition B is that the benefit is not received in the United Kingdom.
(4)
Condition C is that, if the individual had received any of the relevant income by reference to which the chargeable amount is determined under section 733, because of being domiciled outside the United Kingdom the individual would not have been chargeable to income tax in respect of it.
(5)
If this section applies, the individual is not chargeable to income tax under section 731 on so much of the chargeable amount as is determined by reference to the relevant income to which condition C applies.
(6)
Sections 833 and 834 of ITTOIA 2005 (income treated as remitted to the United Kingdom) apply for the purposes of this section as they would apply for the purposes of section 832 of that Act (remittance basis) if the benefit were relevant foreign income.