Part 14Income tax liability: miscellaneous rules
F1Chapter 2BUK representative of non-UK resident
F2The independent investment manager conditions
S. 835M and cross-heading inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 6 para. 11 (with Sch. 9 paras. 1-9, 22)
835OF3Meaning of “qualifying period”, “relevant disregarded income” and “beneficial entitlement”
1
This section applies for the purposes of this Chapter.
2
A “qualifying period” means—
a
the tax year in which the transaction income mentioned in section 835I(2) is chargeable to tax, or
b
a period of not more than 5 years comprising two or more tax years including that one.
3
The “relevant disregarded income” of the non-UK resident for a qualifying period is the total of the non-UK resident's income for the tax years comprised in the qualifying period which derives from investment transactions—
a
carried out by the investment manager on the non-UK resident's behalf, and
b
in relation to which the independent investment manager conditions are met, ignoring the requirements of the 20% rule.
4
A person has a “beneficial entitlement” to relevant disregarded income if the person has or may acquire a beneficial entitlement that is, or would be, attributable to the relevant disregarded income as a result of having an interest or other rights mentioned in subsection (5).
5
The interests and rights referred to in subsection (4) are—
a
an interest (whether or not an interest giving a right to an immediate payment of a share in the profits or gains) in property in which the whole or any part of the relevant disregarded income is represented, or
b
an interest in, or other rights in relation to, the non-UK resident.
Pt. 14 Ch. 2B inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 6 para. 1 (with Sch. 9 paras. 1-9, 22)