Part 13Tax avoidance

C1C2Chapter 2Transfer of assets abroad

Annotations:
Modifications etc. (not altering text)
C1

Pt. 13 Ch. 2 applied by 1988 c. 1, s. 762ZA (as inserted (21.7.2008 with effect in accordance with Sch. 7 para. 98 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 94)

C2

Pt. 13 Ch. 2 applied (with effect in accordance with art. 1(2)(3) Sch. 1 of the amending S.I.) by The Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001), regs. 1(1), 21

Charge where power to enjoy income

720Charge to tax on income treated as arising under section 721

1

The charge under this section applies for the purpose of preventing the avoiding of liability to income tax by individuals who are ordinarily UK resident by means of relevant transfers.

2

Income tax is charged on income treated as arising to such an individual under section 721 (individuals with power to enjoy income as a result of relevant transactions).

3

Tax is charged under this section on the amount of income treated as arising in the tax year.

4

But see section 724 (special rules where benefit provided out of income of person abroad) F1and section 726 (non-UK domiciled individuals to whom remittance basis applies) .

5

The person liable for any tax charged under this section is the individual to whom the income is treated as arising.

6

For rules about the reduction in the amount charged in some circumstances and the availability of deductions and reliefs, see—

  • section 725 (reduction in amount charged where controlled foreign company involved), and

  • section 746 (deductions and reliefs where individual charged under this section or section 727).

7

For exemptions from the charge under this section, see sections 736 to 742 (exemptions where no tax avoidance purpose or genuine commercial transaction).