Income Tax Act 2007

Income Tax Act 2007

2007 CHAPTER 3

Commentary on Sections

Part 13: Tax avoidance

Overview

Chapter 2: Transfer of assets abroad

Overview

Section 735: Non-domiciled individuals

2173. This section gives a measure of relief to non-domiciled individuals. It is based on section 740(5) of ICTA.

2174. Subsection (1) lays down the conditions for this section to apply. If an individual receives a benefit which would otherwise be chargeable to income tax under section 731, this section applies if conditions A to C are met. These conditions are set out in subsections (2), (3) and (4).

2175. If this section applies, subsection (5) provides that the benefit does not give rise to an income tax charge on the individual, to the extent that the chargeable amount of this benefit is determined by reference to the relevant income to which condition C applies.

2176. This section is similar to sections 831 and 832 of ITTOIA 2005 (claims by non-domiciled individuals for relevant foreign income to be charged on the remittance basis).