The Income Tax (Trading and Other Income) Act 2005 (Amendments to Chapter 2A of Part 5) Regulations 2019

Amendments to Chapter 2A of Part 5 of ITTOIA 2005

3.—(1) Section 608D is amended as follows.

(2) In paragraph (b) of subsection (2)—

(a) the words from “income” to the end become sub-paragraph (i) of that paragraph;

(b) at the end of sub-paragraph (i) insert “, or”;

(c) after sub-paragraph (i) insert—

“(ii) such income and capital, and amounts remitted to or otherwise received in the territory.”.

(3) After subsection (3) insert—

“(4) Despite subsections (2) and (3), a person is treated as not resident in a full treaty territory if—

(a) the double taxation arrangements made in relation to the territory contain provision expressly excluding persons of a particular description from relief under the arrangements, and

(b) the person is of that description.

(5) In subsection (4) the reference to provision of the kind mentioned there does not include provision corresponding to the provision made by paragraphs 1 to 7 of article 29 of the OECD Model Tax Convention on Income and on Capital (entitlement to benefits), published on 21 November 2017(1).”.

(1)

ISBN 978-92-64-28794-5. A copy is available electronically from: https://doi.org/10.1787/g2g972ee-en. A hard copy is available for inspection by prior arrangement at the offices of Her Majesty’s Revenue and Customs at 100 Parliament Street, London, SW1A 2BQ.