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Finance Act 2015

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4After paragraph 4A insert—

4AA(1)This paragraph makes provision in relation to offshore transfers.

(2)Where the tax at stake is income tax, the applicable condition is satisfied if the income on or by reference to which the tax is charged, or any part of the income—

(a)is received in a territory outside the UK, or

(b)is transferred before the filing date to a territory outside the UK.

(3)Where the tax at stake is capital gains tax, the applicable condition is satisfied if the proceeds of the disposal on or by reference to which the tax is charged, or any part of the proceeds—

(a)are received in a territory outside the UK, or

(b)are transferred before the filing date to a territory outside the UK.

(4)Where the tax at stake is inheritance tax, the applicable condition is satisfied if—

(a)the disposition that gives rise to the transfer of value by reason of which the tax becomes chargeable involves a transfer of assets, and

(b)after that disposition but before the filing date the assets, or any part of the assets, are transferred to a territory outside the UK.

(5)In the case of a transfer falling within sub-paragraph (2)(b), (3)(b) or (4)(b), references to the income, proceeds or assets transferred are to be read as including references to any assets derived from or representing the income, proceeds or assets.

(6)In relation to an offshore transfer, the territory in question for the purposes of paragraph 4A is the highest category of territory by virtue of which the inaccuracy involves an offshore transfer.

(7)“Filing date” means the date when the document containing the inaccuracy is given to HMRC.

(8)“Assets” has the same meaning as in paragraph 4A.

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