SCHEDULES

SCHEDULE 8Deemed domicile: income tax and capital gains tax

PART 2Protection of overseas trusts

ITTOIA 2005

23(1)In section 629(5) (list of exceptions), at the end insert “or section 630A (exception for protected foreign-source income).

(2)After section 630 insert—

630AException for protected foreign-source income

(1)The rule in section 629(1) does not apply to income which arises under a settlement if it is protected foreign-source income for a tax year.

(2)Sections 628A(2) to (12) and 628B (meaning of “protected foreign-source income”) have effect also for this purpose.

(3)Section 648(3) to (5) (relevant foreign income treated as arising under settlement only if and when remitted) do not apply for the purposes of this section.