Regulation 43 Residence and foreign income and gains regime, etc

(1)

This Chapter applies to a person for a tax year for which the person meets a condition mentioned in paragraph (2).

(2)

The conditions are that—

(a)

the person is not resident in the United Kingdom for the tax year;

(b)

the tax year is a split year for the person under Part 3 of Schedule 45 to the Finance Act 2013 (split year treatment);

(c)

the person claims personal allowances for the tax year as a non-resident under double taxation arrangements within the meaning of Part 2 of TIOPA 2010 (double taxation relief)^f1;

(d)

the person is, for the tax year—

(i)

resident in the United Kingdom, and

(ii)

resident for tax purposes in a country or territory outside the United Kingdom;

(e)

section 809VA of ITA 2007 (money or other property used to make investments)^f2 applies to the person for the tax year, or has applied to the person for an earlier tax year but no longer applies;

(f)

the person makes an election for the year under section 41M of ITEPA 2003 (foreign employment election for qualifying new residents)^f3;

(g)

the person makes a claim for relief for the tax year under—

(i)

section 845A of ITTOIA 2005 (claim for relief for qualifying new residents)^f4;

(ii)

paragraph 1 of Schedule D1 to the 1992 Act (claim for relief for qualifying new residents)^f5;

(h)

the person makes a designation election, within the meaning of paragraph 1(6) of Schedule 10 to the Finance Act 2025 (temporary repatriation facility), for the tax year;

(i)

section 809I of ITA 2007 (remittance basis charge: income and gains treated as remitted)^f6 applies to the person for the tax year.

Annotations

Footnotes

f1: 2010 c. 8. The definition of “TIOPA 2010” in section 118(1) of TMA 1970 was inserted by paragraph 314 of Schedule 8 to the Taxation (International and Other Provisions) Act 2010 (“TIOPA 2010”). The definition of “double tax arrangements” in Part 2 of TIOPA 2010 is given in section 2(4).
f2: Section 809VA was inserted by paragraph 7 of Schedule 12 to the Finance Act 2012 (c. 14).
f3: 2003 c. 1. The definition of “ITEPA 2003” in section 118(1) of TMA 1970 was inserted by paragraph 139 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003. Section 41M was inserted by section 38(1) of the Finance Act 2025.
f4: Section 845A was inserted by section 37(1) of the Finance Act 2025.
f5: 1992 c. 12. The definition of “the 1992 Act” in section 118(1) of TMA 1970 was inserted by paragraph 2(11)(c) of Schedule 10 to the Taxation of Chargeable Gains Act 1992. Schedule D1 was inserted by section 39(2) of the Finance Act 2025.
f6: Section 809I was inserted by paragraph 1 of Schedule 7 to the Finance Act 2008 (c. 9) and amended by paragraph 20 of Schedule 12 to the Finance Act 2012.