Part 14Income tax liability: miscellaneous rules
C1C2C3C4C5F1Chapter A1Remittance basis
Pt. 14 Ch. A1 modified by 2003 c. 1, s. 41A(8) (as inserted (with effect in accordance with Sch. 7 para. 80 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 22)
Pt. 14 Ch. A1 modified by 2003 c. 1, s. 41A(8) (as inserted (21.7.2008 with effect in accordance with Sch. 7 para. 80 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 22)
Pt. 14 Ch. A1 modified by 1988 c. 1, s. 762ZB(3) (as inserted (21.7.2008 with effect in accordance with Sch. 7 para. 98 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 94)
Pt. 14 Ch. A1 modified by 1992 c. 12, s. 87B(3) (as inserted (21.7.2008 with effect in accordance with Sch. 7 para. 115 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 108 (with Sch. 7 paras. 116-119))
Pt. 14 Ch. A1 modified (with effect in accordance with art. 1(2)(3) Sch. 1 of the amending S.I.) by The Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001), regs. 1(1), 19(3)
Remittance of income and gains: meaning of “remitted to the United Kingdom”
809NSection 809L: gift recipients, qualifying property and enjoyment
1
This section applies for the purposes of determining whether or not income or chargeable gains of an individual are remitted to the United Kingdom by virtue of condition C in section 809L.
2
A “gift recipient” means a person, other than a relevant person, to whom the individual makes a gift of money or other property that—
a
is income or chargeable gains of the individual, or
b
derives (wholly or in part, and directly or indirectly) from income or chargeable gains of the individual.
3
The question of whether or not a person is a relevant person is to be determined by reference to the time when a gift is made.
4
But, if a person to whom a gift is made subsequently becomes a relevant person, the person ceases to be a gift recipient.
5
The individual “makes a gift of” property if the individual disposes of the property—
a
for no consideration, or
b
for consideration less than the full consideration in money or money's worth that would be given if the disposal were by way of a bargain made at arm's length;
but, in a case falling in paragraph (b), the individual is to be taken to make a gift of only so much of the property as exceeds the consideration actually given.
6
A reference to the individual making a gift of property includes a case where—
a
the individual retains an interest in the property, or
b
an interest, right or arrangement enables or entitles the individual to benefit from the property.
7
“Qualifying property”, in relation to a gift recipient, is—
a
the property that the individual gave to the gift recipient,
b
anything that derives (wholly or in part, and directly or indirectly) from that property, or
c
any other property, but only if it is dealt with as mentioned in section 809L(4)(a), (b) or (c) by virtue of an operation which is effected—
i
with reference to the gift of the property to the gift recipient, or
ii
with a view to enabling or facilitating the gift of the property to the gift recipient to be made.
8
In subsection (7)—
a
the reference in paragraph (b) to anything deriving from property, and
b
the reference in paragraph (c) to other property,
includes a thing, or property, that does not belong to the individual but which the individual is enabled or entitled to benefit from by virtue of any interest, right or arrangement.
9
Enjoyment by a relevant person of property or a service is to be disregarded in any of these cases—
a
if the property or service is enjoyed virtually to the entire exclusion of all relevant persons,
b
if full consideration in money or money's worth is given by a relevant person for the enjoyment, or
c
if the property or service is enjoyed by relevant persons in the same way, and on the same terms, as it may be enjoyed by the general public or by a section of the general public.
Pt. 14 Ch. A1 inserted (21.7.2008 with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 1 (with Sch. 7 paras. 85-89)