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HMRC internal manual

Residence, Domicile and Remittance Basis Manual

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HM Revenue & Customs
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Remittance Basis: Introduction to the Remittance Basis: Comparisons with pre-April 2008 regime: Other key changes - extending existing anti avoidance measures

Subject to certain transitional rules, Finance Act 2008 extends existing anti-avoidance measures to some non-domiciled remittance basis users.

Some examples are:

  • The accrued income scheme will now apply so that the income tax charge has effect for non-domiciled individuals.
  • The beneficiary charge for beneficiaries receiving a capital payment which includes a benefit from a non UK resident trust will now apply to non-domiciled individuals. Refer to the Non-Resident Trust guidance for further details.
  • Capital gains of a non-resident company, which would be a close company if it were resident in the UK, can now be attributed under TCGA92/s13 irrespective of the participator’s domicile position; although the remittance basis may still apply if the participator is a remittance basis user. Refer to the Capital Gains Manual for further details.

Further details about these issues are contained in the relevant guidance dealing with capital gains or non-residents trusts as appropriate.