Section 811 Limit on liability to income tax of non-UK residents
United Kingdom
This section applies to income tax to which—
a non-UK resident, other than a company, is liable, or
a non-UK resident company is liable as a trustee.
Subsection (1) is subject to section 812 (case where limit not to apply).
The non-UK resident's liability to income tax for a tax year is limited to the sum of amounts A and B.
Amount A is the sum of—
any sums representing income tax deducted from the non-UK resident's disregarded income for the tax year (see section 813), F1and
any sums representing income tax that are treated as deducted from or paid in respect of that income, F2...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount B is the amount that, apart from this section, would be the non-UK resident's liability to income tax for the tax year, if the following were left out of account—
the non-UK resident's disregarded income for the tax year, and
any relief mentioned in subsection (6) to which the non-UK resident is entitled for the tax year as a result of—
section 56(3) or 460(3) of this Act F3... (residence etc of claimants), or
double taxation arrangements.
The reliefs referred to in subsection (5) are—
an allowance under Chapter 2 of Part 3 of this Act F4... (personal allowance and blind person's allowance),
a tax reduction under Chapter 3 of Part 3 of this Act ... (tax reductions for married couples and civil partners),
relief under section 457 or 458 of this Act (payments to trade unions and police organisations),
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
relief under section 266 of ICTA (life assurance premiums).
Annotations
Textual amendments
- F1
Word in s. 811(4) inserted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by Finance Act 2016 (c. 24), Sch. 1 para. 63(14)(a)
- F2
S. 811(4)(c) and word omitted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by virtue of Finance Act 2016 (c. 24), Sch. 1 para. 63(14)(b)
- F3
Words in s. 811(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)(iv)
- F4
Words in s. 811(6) 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)(iv)
- F5
S. 811(6)(d) omitted (17.7.2012) (with effect in accordance with Sch. 39 para. 32(6) of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 39 para. 32(2)(e)
Notes on Chapter 1
Modifications
- C1
Pt. 14 Ch. 1 excluded by 2005 c. 5, s. 608X(3)(a) (as inserted (with effect in accordance with Sch. 3 para. 7 of the amending Act) by Finance Act 2019 (c. 1), Sch. 3 para. 4)