SCHEDULES

SCHEDULE 8Deemed domicile: income tax and capital gains tax

PART 2Protection of overseas trusts

FA 2008

40

In Part 2 of Schedule 7 to FA 2008 (remittance basis: trusts etc), after paragraph 171 insert—

172

1

Sub-paragraph (2) has effect for the purposes of—

  • paragraphs 100(1)(b), 101(1)(c) and 102(1)(e),

  • paragraph (b) of paragraph 118(3) so far as having effect for the purposes of paragraph 118(1)(d), and

  • paragraphs 124(1)(b), 126(7)(b), 127(1)(e) and 151(1)(b).

2

An individual not domiciled in the United Kingdom at a time in the tax year 2017-18, or a later tax year, is to be regarded as domiciled in the United Kingdom at that time if—

a

the individual was born in the United Kingdom,

b

the individual's domicile of origin was in the United Kingdom, and

c

the individual is resident in the United Kingdom for the tax year concerned.