SCHEDULES

SCHEDULE 8Deemed domicile: income tax and capital gains tax

PART 1Application of deemed domicile rule

ITA 2007

15

1

This paragraph applies in a case where—

a

section 10A of TCGA 1992 (temporary non-residents) as originally enacted applies in relation to an individual, and

b

the year of return is 2017-18.

2

For the purposes of capital gains tax in respect of foreign chargeable gains accruing to the individual during an intervening year, the amendment made by paragraph 14(2) does not have effect in relation to the year of return.

3

Where by virtue of sub-paragraph (2) an individual makes a claim under section 809B of ITA 2007 for the tax year 2017-18, sections 809C, 809G and 809H of ITA 2007 do not apply to the individual for that tax year.

4

In this paragraph—

  • “intervening year” and “year of return” have the same meanings as in section 10A of TCGA 1992 as originally enacted;

  • “foreign chargeable gain” has the meaning given by section 12(4) of TCGA 1992.