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SCHEDULES

SCHEDULE 45U.K.Statutory residence test

PART 5U.K.Miscellaneous

Consequential amendmentsU.K.

148(1)TCGA 1992 is amended as follows.U.K.

(2)Omit section 9.

(3)In section 288 (interpretation)—

(a)in subsection (1), insert the following definition at the appropriate place—

(b)in the Table in subsection (8), omit the entry for the expressions “resident” and “ordinarily resident”.

149U.K.In section 27 of ITEPA 2003 (UK-based earnings for year when employee not UK resident), in subsection (1), for “in which” substitute “ for which ”.

150U.K.In section 465 of ITTOIA 2005 (gains from contracts for life insurance etc: liability of individuals), in subsection (1), for “in the tax year” substitute “ for the tax year ”.

151(1)Chapter 4 of Part 2 of FA 2005 (trusts with vulnerable beneficiary) is amended as follows.U.K.

(2)In section 28 (vulnerable person's liability: VQTI), for subsection (4) substitute—

(4)Where the vulnerable person is non-UK resident for the tax year, his or her income tax liability for the purposes of determining TLV1 and TLV2 is to be computed in accordance with the Income Tax Acts on the assumption that—

(a)he or she is UK resident for the tax year,

(b)that year is not, as respects him or her, a split year within the meaning of Part 3 of Schedule 45 to FA 2013, and

(c)he or she is domiciled in the United Kingdom throughout that year.

(3)In section 30 (qualifying trusts gains: special capital gains tax treatment)—

(a)in subsection (2)(a) and (b), for “during” substitute “ for ”, and

(b)omit subsection (5).

(4)In section 31 (UK resident vulnerable persons: amount of relief), in subsection (1), for “during” substitute “ for ”.

(5)In section 32 (non-UK resident vulnerable persons: amount of relief), in subsection (1), for “during” substitute “ for ”.

(6)In section 41—

(a)in subsection (1), insert the following definitions in the appropriate places—

UK resident” means resident in the United Kingdom in accordance with the statutory residence test in Part 1 of Schedule 45 to FA 2013., and

(b)omit subsection (2).

152(1)ITA 2007 is amended as follows.U.K.

(2)In section 809B (claim for remittance basis to apply), in subsection (1)(a), for “in that year” substitute “ for that year ”.

(3)In section 809D (application of remittance basis without claim where unremitted foreign income and gains under £2,000), in subsection (1)(a), for “in that year” substitute “ for that year ”.

(4)In section 809E (application of remittance basis without claim: other cases), in subsection (1)(a), for “in that year” substitute “ for that year ”.

(5)In section 810 (limits on liability to income tax of non-UK residents: overview of Chapter), after subsection (3) insert—

(4)In relation to an individual—

(a)a reference in this Chapter to a non-UK resident's liability to income tax is a reference to the liability of someone who is non-UK resident for the tax year for which the liability arises, and

(b)accordingly, enactments under which income arising to a UK resident in the overseas part of a split year is treated as arising to a non-UK resident are of no relevance to this Chapter.

(6)Omit sections 829 to 832.