Part 5Miscellaneous income
C1F2CHAPTER 2AOffshore receipts in respect of intangible property
Pt. 5 Ch. 2A: power to amend conferred (with effect in accordance with Sch. 3 para. 7 of the amending Act) by Finance Act 2019 (c. 1), Sch. 3 para. 10
Charge to tax on offshore receipts in respect of intangible property
608DMeaning of residence
1
This section applies for the purposes of this Chapter.
2
A person is “resident” in a territory if, under the laws of the territory, the person is liable to tax there—
a
by reason of the person's domicile, residence or place of management, but
3
Where—
a
a person is resident in a territory outside the United Kingdom generally for the purposes of the laws of the territory or for particular purposes under those laws, and
b
the laws of the territory have no provision for a person to be resident there for tax purposes,
the person is “resident” in the territory.
F44
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.
Pt. 5 Ch. 2A inserted (with effect in accordance with Sch. 3 para. 7 of the amending Act) by Finance Act 2019 (c. 1), Sch. 3 para. 4 (with Sch. 3 para. 8)