Section 116E Welsh taxpayersF1

United Kingdom

(1)

For any tax year, a Welsh taxpayer is an individual (T)—

(a)

who is resident in the UK for income tax purposes for that year (see Schedule 45 to the Finance Act 2013), and

(b)

who, for that year, meets condition A, B or C.

(2)

T meets condition A if T has a close connection with Wales (see section 116G).

(3)

T meets condition B if—

(a)

T does not have a close connection with England, Scotland or Northern Ireland (see section 116G), and

(b)

T spends more days of that year in Wales than in any other part of the UK (see section 116H).

(4)

T meets condition C if, for the whole or any part of the year, T is—

(a)

a member of Parliament for a constituency in Wales, F2or

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

F4a Member of the Senedd.

(5)

Subsection (1) does not apply if T is a Scottish parliamentarian for the whole or any part of the year (see section 116F).

(6)

For the purposes of subsection (5) and section 116F, T is a Scottish parliamentarian if T is a member as described in F5paragraph (a) or (c) of section 80D(4) of the Scotland Act 1998 (definition of a Scottish taxpayer).

(7)

In this Chapter “the UK” means the United Kingdom.

Annotations

Textual amendments

F1: Pt. 4A Ch. 2 inserted (with effect in accordance with s. 14(3)-(5) of the amending Act) by Wales Act 2014 (c. 29), ss. 8(3), 14(2), 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)
F2: Word in s. 116E(4)(a) inserted (with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I.) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 41(2)(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)
F3: S. 116E(4)(b) omitted (with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I.) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 41(2)(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)
F4: Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))
F5: Words in s. 116E(6) substituted (with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I.) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 41(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)

Notes on Part 4A

Textual amendments

F1: Pt. 4A inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 6(2), 29(2)(b)(3)