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Finance Act 2008

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This is the original version (as it was originally enacted).

Attribution of gains to members of non-resident companies

104After section 14 of that Act insert—

14ASection 13: non-UK domiciled individuals

(1)This section applies if—

(a)by virtue of section 13, part of a chargeable gain that accrues to a company on the disposal of an asset is treated as accruing to an individual in a tax year, and

(b)the individual is not domiciled in the United Kingdom in that year.

(2)The part of the chargeable gain treated as accruing to the individual (“the deemed chargeable gain”) is a foreign chargeable gain within the meaning of section 12 if (and only if) the asset is situated outside the United Kingdom.

(3)For the purposes of Chapter A1 of Part 14 of ITA 2007 (remittance basis)—

(a)treat any consideration obtained by the company on the disposal of the asset as deriving from the deemed chargeable gain, and

(b)unless the consideration so obtained is of an amount equal to the market value of the asset, treat the asset as deriving from the deemed chargeable gain.

(4)If—

(a)the deemed chargeable gain is a foreign chargeable gain (within the meaning of section 12),

(b)section 809B, 809D or 809E of ITA 2007 (remittance basis) applies to the individual for the year mentioned in subsection (1), and

(c)any of the deemed chargeable gain is remitted to the United Kingdom in a tax year after that year,

the chargeable gain treated under section 12(2) as accruing may not be reduced or extinguished under section 13(8).

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