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The Taxation of Income from Land (Non-residents) Regulations 1995

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Interpretation of regulation 3

4.—(1) In regulation 3—

(a)“excluded person” means an agent whose activity on behalf of the non-resident in connection with the management or administration of his Schedule A business or part thereof (as the case may be) is confined to the provision of legal advice or legal services;

(b)“elected agent” means the agent who is elected jointly by the last agent and himself to assume the responsibilities of a prescribed person for the purposes of subsection (1) of section 42A in relation to the Schedule A business or part thereof (as the case may be);

(c)“last agent” means the agent by whom sums constituting income from the non-resident’s Schedule A business or part thereof (as the case may be) are paid directly to the non-resident or to an agent whose usual place of abode is outside the United Kingdom or to a person who is not an agent.

(2) An election shall be made by notice to the Board signed by the last agent and the person to be elected, and any such notice shall state—

(a)the name and address of the agent elected, and

(b)the date from which the election has effect, not being a date earlier than the first day of the quarter in which the election is made.

(3) An election may be revoked by notice to the Board given by either of the agents who made the election, and any such revocation shall have effect—

(a)from the first day of the quarter next following the date on which the notice is received by the Board, or

(b)after the expiry of 30 days following the date on which the notice is received by the Board,

whichever is the later to occur.

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