SCHEDULES

SCHEDULE 8Deemed domicile: income tax and capital gains tax

PART 1Application of deemed domicile rule

16ITA 2007

1

This paragraph applies in a case where section 10A of TCGA 1992 as substituted by paragraph 119 of Schedule 45 to FA 2013 applies in relation to an individual.

2

For the purposes of capital gains tax in respect of foreign chargeable gains accruing to the individual during a temporary period of non-residence beginning before 8 July 2015, the amendment made by paragraph 14(2) does not have effect in relation to the tax year which consists of or includes the period of return.

3

Where by virtue of sub-paragraph (2) an individual makes a claim under section 809B of ITA 2007 for any of the tax years 2017-18 to 2020-21 inclusive, sections 809C, 809G and 809H of ITA 2007 do not apply to the individual for that tax year.

4

In this paragraph, “foreign chargeable gain” has the meaning given by section 12(4) of TCGA 1992.

5

Part 4 of Schedule 45 to FA 2013 explains what “temporary period of non-residence” and “period of return” mean.