International from 6 April 2015: remittance of chargeable foreign securities income and the interaction with capital gains - from 6 April 2015: example
Doreen is UK resident but not UK domiciled and meets the requirements of ITEPA03/S26Ais. 45% of her employment duties are in the UK, the other 55% are overseas. She elects to use the remittance basis.
Year 1: On 1 May, Doreen acquires forfeitable shares in the US parent of her employer worth £50 for nil cost. There is no income tax charge because of ITEPA03/S425(2).
Year 3: On 1 October the forfeiture condition lifts when the shares are worth £100.
The full £100 counts as employment income under ITEPA03/S426. But Chapter 5B of Part 2 ITEPA03 applies so only £45 of the £100 is immediately chargeable. The remaining £55 is chargeable foreign securities income, chargeable to income tax if it is remitted.
Year 4: On 1 November Doreen sells the shares for £200 in the US. On 1 December she remits £50.
On the basis of the above, and other (unstated) facts, of the £50 remitted, the first £45 is employment income that is not relevant foreign earnings, foreign specific employment income or employment income that has been subject to foreign tax (ITA07/S809Q(4)(a). There is an income tax charge on the remaining £5 under the remittance basis (by virtue of ITEPA03/S41F(6)).
The CGT position is as follows:
|Less s426 charge Year 3||(£45)||- by virtue of TCGA92/S119A(3)(a) and S119B|
|Less s426 charge Year 4||(£5)||- remitted in the year, even though after the date of disposal|
|Foreign chargeable gain||£150|
Year 10: On 1 June, Doreen remits a further £80, £50 of which is subject to income tax under the remittance basis, being the outstanding amount of chargeable foreign securities income from the £55 arising in Year 3.
The revised CGT position is now as follows:
|Foreign chargeable gain as Year 4 above||£150|
|Less Year 10 remittance||(£50) - if a claim is made under s119B(4) TCGA|
|Revised foreign chargeable gain Year 4||£100|
For the treatment of foreign chargeable gains, see CG25313.