Finance Act 2011

Other amendments U.K.

49 (1) TCGA 1992 is amended as follows. U.K.

(2) In section 119A (increase in expenditure by reference to tax charged in relation to employment-related securities)—

(a) in subsection (5)(a) for “or (b)” substitute “ , (b) or (d) ”, and

(b) at the end of subsection (5A) insert “ and section 119C (unremitted Part 7A income) ”.

(3) After section 119B insert—

“119C Section 119A: unremitted Part 7A income

(1) This section applies for the purposes of section 119A if an amount deducted under section 480(5)(d) of ITEPA 2003, which (apart from this section) would by virtue of section 119A(5)(a) be added back to an amount counting as employment income, is or includes unremitted Part 7A income.

(2) So much of the amount deducted as is unremitted Part 7A income is not to be added back.

(3) In this section “unremitted Part 7A income” means an amount counting as employment income under Chapter 2 of Part 7A of ITEPA 2003—

(a) to which section 554Z9(2) or 554Z10(2) of that Act applies, and

(b) which has not been remitted to the United Kingdom by the end of the tax year in which the disposal mentioned in section 119A(1) occurs.

(4) Section 119B(4) to (6) applies if any of the unremitted Part 7A income is remitted to the United Kingdom after the end of the tax year referred to in subsection (3)(b).”

50 U.K. In the following provisions, in the definition of “the employment income Parts of ITEPA 2003”, for “7” substitute “ 7A ”

(a) section 122(1) of the Social Security Contributions and Benefits Act 1992, and

(b) section 121(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

51 U.K. In Schedule 34 to FA 2004 (non-UK pension schemes) after paragraph 3(6) insert—

“(7) The provision which may be made under sub-paragraph (6) includes (in particular) provision in consequence of Part 7A of ITEPA 2003.”