{
  "url": "https://openlegislation.uk/finance-act-2025/schedule-9/paragraph-5",
  "json_url": "https://openlegislation.uk/finance-act-2025/schedule-9/paragraph-5.json",
  "legislation": "ukpga/2025/8",
  "legislation_title": "Finance Act 2025",
  "legislation_url": "https://openlegislation.uk/finance-act-2025",
  "path": "schedule/9/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "When amounts will be remitted",
  "text": "(1) ITA 2007 is amended as follows.\n(2) Section 809L (meaning of “remitted to the United Kingdom”) is amended in accordance with sub-paragraphs to (3) to (8).\n(3) In subsection (2)—\n(a) omit the “or” at the end of paragraph (a);\n(b) at the end of paragraph (b) insert\n“, or\n(c) money or other property is used outside the United Kingdom (directly or indirectly) for the benefit in the United Kingdom of a relevant person.”\n(4) In subsection (4)—\n(a) in paragraph (a), for “is enjoyed by a relevant person” substitute\n“either—\n(i) the property is enjoyed by a relevant person, or\n(ii) as a result, a benefit is enjoyed by a relevant person.”;\n(b) after paragraph (b) (but before the “or” at the end) insert—\n“(ba) is used outside the United Kingdom (directly or indirectly) and as a result a benefit is enjoyed in the United Kingdom by a relevant person,”.\n(5) In subsection (5)—\n(a) in paragraph (a), for “is enjoyed by a relevant person” substitute\n“either—\n(i) the property is enjoyed by a relevant person, or\n(ii) as a result, a benefit is enjoyed by a relevant person.”;\n(b) after paragraph (b) (but before the “or” at the end) insert—\n“(ba) is used outside the United Kingdom (directly or indirectly) and as a result a benefit is enjoyed in the United Kingdom by a relevant person,”.\n(6) In subsection (6)—\n(a) for “or (b)”, in each place it occurs, substitute “, (b) or (ba)”;\n(b) after “property”, in the second place it occurs, insert “, benefit”.\n(7) At the end of subsection (9) insert “and cases where the property is used to secure the debt.”\n(8) After subsection (9) insert—\n“(9A) For the purposes of this Chapter, any reference to property being brought to the United Kingdom includes—\n(a) sending, or otherwise effecting a transfer of, the property to the United Kingdom, and\n(b) in the case of intangible property, taking any steps, or permitting steps to be taken, that would result in property situated outside the United Kingdom becoming situated in the United Kingdom.\n(9B) Sections 275 to 275C of TCGA 1992 (location of assets) apply for the purposes of subsection (9A)(b) as they apply for the purposes of TCGA 1992.\n(9C) But subsection (9B) does not apply where the intangible property is a debt other than a judgment debt.”\n(9) In section 809N (section 809L: gift recipients, qualifying property and enjoyment)—\n(a) in subsection (7)(c), after “(b)” insert “, (ba)”;\n(b) in subsection (9)—\n(i) in the opening words, after “property” insert “, a benefit”;\n(ii) in paragraph (a), at the beginning insert “in the case of enjoyment of property or a service,”;\n(iii) after paragraph (a) insert—\n“(aa) in the case of enjoyment of a benefit—\n(i) if the qualifying property being dealt with as mentioned in section 809L(4)(a) or (ba) results in a benefit being enjoyed by relevant persons and persons who are not relevant persons, and\n(ii) the enjoyment by all relevant persons is no more than negligible,”;\n(iv) in paragraph (c), after “property” insert “, benefit”.\n(10) In section 809O (section 809L: dealings where there is a connected operation)—\n(a) in each of subsections (2), (3), (4) and (5) after “(b)” insert “, (ba)”;\n(b) in subsection (6)—\n(i) in the opening words, after “property” insert “, a benefit”;\n(ii) in paragraph (a), at the beginning insert “in the case of enjoyment of property or a service,”;\n(iii) after paragraph (a) insert—\n“(aa) in the case of enjoyment of a benefit—\n(i) if the property being dealt with as mentioned in section 809L(5)(a) or (ba) results in a benefit being enjoyed by relevant persons and persons who are not relevant persons, and\n(ii) the enjoyment by all relevant persons is no more than negligible,”;\n(iv) in paragraph (c), after “property” insert “, benefit”.\n(11) In section 809P (section 809L: amount remitted)—\n(a) in subsections (6) and (8), for “or (b)” substitute “, (b) or (ba)”;\n(b) in subsection (12), after “previously remitted”, in each place it occurs, insert “that has been charged to income tax or capital gains tax”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2025/8/schedule/9/paragraph/5",
    "retrieved_at": "2026-10-29T08:47:01.939707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}