936Meaning of “UK estate” and “foreign estate”U.K.
(1)In this Chapter—
“UK estate”, in relation to a tax year, means an estate which meets conditions A and B, or condition C, for that year, and
“foreign estate”, in relation to a tax year, means an estate which is not a UK estate in relation to that year.
(2)Condition A is that all the income of the estate either—
(a)has borne United Kingdom income tax by deduction, or
(b)is income in respect of which the personal representatives are directly assessable to United Kingdom income tax for the tax year.
(3)Condition B is that none of the income of the estate is income for which the personal representatives are not liable to United Kingdom income tax for the tax year because they are not UK resident F1....
(4)For the purposes of conditions A and B, sums within section 963(3) [F2, (3A)] or (4) (sums treated as bearing income tax) are ignored.
(5)Condition C is that the aggregate income of the estate for the tax year consists only of sums within section 963(3) [F3, (3A)] or (4).
Textual Amendments
F1Words in s. 936(3) omitted (with application in accordance with Sch. 46 para. 139(2) of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 139(1)
F2Word in s. 936(4) inserted (with effect in relation to accounting periods beginning on or after 1.4.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 2 paras. 8(2), 14(2)(b)
F3Word in s. 936(5) inserted (with effect in relation to accounting periods beginning on or after 1.4.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 2 paras. 8(2), 14(2)(b)