Paragraph 18 Treatment of income not treated as income for income tax purposes

(1)

Sub-paragraph (3) applies where P is in receipt of any income which, for any of the reasons set out in sub-paragraph (2), does not form part of P's income for the purposes of the Income Tax Acts or the income tax legislation of F1a member State.

(2)

The reasons are— Reason 1

(a)

P is not resident F2... in the United Kingdom, or

(b)

P's income is computed for the purposes of the income tax legislation of a member State and P is not resident or domiciled in that member State.

Reason 2

(a)

P's income does not arise in the United Kingdom, or

(b)

P's income does not arise in the member State in which P's income is computed for the purposes of that State's income tax legislation.

Reason 3 The income arises from an office, service or employment, income from which is exempt from tax.

(3)

P's taxable income is to be taken to include the income described in sub-paragraph (1) as if it were part of P's income for the purposes of the Income Tax Acts or the income tax legislation of a member State, as the case may be.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 18 substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 32(4)(c)
F2: Words in Sch. 3 para. 18(2) omitted (6.4.2025) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(3), 33