Part 14Income tax liability: miscellaneous rules

F1Chapter A1Remittance basis

Exempt property relief

809Z4Temporary importation rule

(1)

Property meets the temporary importation rule if the total number of countable days F2(subject to any increase under subsection (3B)) is 275 or fewer.

(2)

A “countable day” is a day on which, or on part of which, the property is in the United Kingdom by virtue of being brought to, or received or used in, the United Kingdom in circumstances in which section 809L(2)(a) applies (whether the current case, or a past case, when the property was so brought, received or used).

(3)

A day is not a countable day if, on that day or any part of that day—

F3(za)

the property meets the public access rule,

(a)

the property meets the personal use rule,

(b)

the property meets the repair rule, F4...

F5(ba)

subsection (3A) applies to the property,

(c)

the notional remitted amount in relation to the property is less than £1,000 F6 or

F7(d)

all or any part of the income or chargeable gains contained in the property (or from which the property derives) is treated, or continues to be treated, under section 809VA(2), 809Y(8)(b)F8, 809YC(2) or 809YF(4) as not remitted to the United Kingdom.

F9(3A)

This subsection applies to the property if—

(a)

it is not available to be used or enjoyed in the United Kingdom by or for the benefit of a relevant person because it has been lost, stolen or destroyed,

(b)

(if lost or stolen) it has not been recovered, and

(c)

no compensation payment has been released in respect of it.

(3B)

If—

(a)

property that has been lost or stolen is recovered,

(b)

the first day after the day on which it is recovered is a countable day, and

(c)

excluding that countable day there have already been 231 or more countable days in relation to the property,

the number of countable days specified in subsection (1) is read as being increased by the number necessary for there to be 45 countable days beginning with the countable day mentioned in paragraph (b).

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F10(10)

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