Part 14

Income tax liability: miscellaneous rules
Chapter 2

Residence

Visiting forces etc
833
1
This section applies to an individual who—
a
is a member of a visiting force of a designated country or of a civilian component of such a force,
b
is in the United Kingdom, but only because of being a member of the force or the civilian component, and
c
is not a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen.
2
For the purposes of subsection (1)—
a
members of the armed forces of a designated country who are attached to a designated international military headquarters are treated as a visiting force of that country, and
b
whether an individual is a member of a civilian component of such a force is to be determined accordingly.
2A
This section also applies to an individual within subsection (3) or (3A).
3
An individual is within this subsection if the individual—
a
is of a category for the time being agreed between Her Majesty's Government in the United Kingdom and the other members of the North Atlantic Council,
b
is employed by a designated allied headquarters,
c
is in the United Kingdom, but only because of being employed by the designated allied headquarters, and
d
is not a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen.
3A
An individual is within this subsection if the individual—
a
belongs to the
EU
civilian staff,
b
is in the United Kingdom, but only because of serving as part of that staff, and
c
is not a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen.
4
If this section applies to an individual throughout a period, the period is not treated for income tax purposes as—
a
a period of residence in the United Kingdom, or
b
creating a change of the individual's residence or domicile.
5
Subsection (4) does not affect the operation of section 56 or 460 of this Act ... (residence etc of claimants) in relation to an individual for any tax year.
6
Subsections (1) to (3) are to be interpreted as if—
a
they were in Part 1 of the Visiting Forces Act 1952 (c. 67), and
b
references in that Act to a country to which a provision of that Act applies were references to a designated country.
7
In this section—
- “allied headquarters” means an international military headquarters established under the North Atlantic Treaty, ...
- “designated” means designated for the purpose in question by or under an Order in Council made for giving effect to an international agreement, and
- “the
EU
civilian staff” means—
  1. civilian personnel seconded by a member State to an
EU
institution for the purposes of activities (including exercises) relating to the preparation for, and execution of, tasks mentioned in Article 43(1) of the Treaty on European Union (tasks relating to a common security and defence policy), as amended from time to time, and
  2. civilian personnel (other than locally hired personnel)—
    1. made available to the
EU
by a member State to work with designated international military headquarters or a force of a designated country, or
    2. otherwise made available to the
EU
by a member State for the purposes of activities of the kind referred to in paragraph (a).
Word in s. 833(7) omitted (17.7.2012) by virtue of Finance Act 2012 (c. 14), Sch. 37 para. 5(6)(a)
Words in s. 833(3) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 37 para. 5(4)
S. 833(2A) inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 37 para. 5(3)
Words in s. 833(2)(a) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 37 para. 5(2)
Words in s. 833(5) omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(v)
Words in s. 833 heading substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 37 para. 5(7)
Words in s. 833(7) inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 37 para. 5(6)(b)
S. 833(3A) inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 37 para. 5(5)