SCHEDULES

SCHEDULE 8Deemed domicile: income tax and capital gains tax

PART 1Application of deemed domicile rule

ITA 2007

14

1

Chapter A1 of Part 14 (remittance basis) is amended as follows.

2

In section 809B (claim for remittance basis to apply), after subsection (1) insert—

1A

Section 835BA (deemed domicile) applies for the purposes of subsection (1)(b).

3

In section 809C (claim for remittance basis by long-term UK resident: nomination) omit the following—

a

in subsection (1)(b), “the 17-year residence test,”;

b

subsection (1ZA);

c

subsection (1A)(a);

d

in subsection (1B)(a), “the 17-year residence test or”;

e

subsection (4)(za).

4

In section 809E (application of remittance basis without claim: other cases), after subsection (1) insert—

1A

Section 835BA (deemed domicile) applies for the purposes of subsection (1)(b).

5

In section 809H (claim for remittance basis by long-term UK resident: charge) omit the following—

a

in subsection (1)(c), “the 17-year residence test,”;

b

in subsection (1A)—

i

“(1ZA)”;

ii

“the 17-year residence test,”;

c

subsection (5B)(za).

6

The amendments made by this paragraph have effect in relation to the tax year 2017-18 and subsequent tax years.

This is subject to paragraphs 15 and 16.