SCHEDULES
SCHEDULE 21Penalties in connection with offshore asset moves
“Relevant offshore asset move”
4
1
There is a “relevant offshore asset move” if, at a time when P is the beneficial owner of an asset (“the qualifying time”)—
a
the asset ceases to be situated or held in a specified territory and becomes situated or held in a non-specified territory,
b
the person who holds the asset ceases to be resident in a specified territory and becomes resident in a non-specified territory, or
c
there is a change in the arrangements for the ownership of the asset,
and P remains the beneficial owner of the asset, or any part of it, immediately after the qualifying time.
2
Whether a territory is a “specified territory” or “non-specified territory” is to be determined, for the purposes of sub-paragraph (1), as at the qualifying time.
3
Where—
a
an asset of which P is the beneficial owner (“the original asset”) is disposed of, and
b
all or part of any proceeds from the sale of the asset are (directly or indirectly) reinvested in another asset of which P is also the beneficial owner (“the new asset”),
the original asset and the new asset are to be treated as the same asset for the purposes of determining whether there is a relevant offshore asset move.
4
“Asset” has the meaning given in section 21(1) of TCGA 1992, but also includes sterling.
5
“Specified territory” means a territory specified in regulations made by the Treasury by statutory instrument; and references to “non-specified territory” are to be construed accordingly.
6
Regulations under sub-paragraph (5) are subject to annulment in pursuance of a resolution of the House of Commons.