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From 6 April 2008, any UK
resident adult (aged 18 and over) who has been resident in the UK for seven
out of the past ten tax years, will have to pay a £30,000 charge to elect to
be taxed on a remittance basis. The remittance basis means that
income and gains
arising overseas are taxed in the UK only when, and if, they are brought
into the UK. If an individual’s unremitted foreign income and gains are
less than £2,000 in the tax year, or the individual is aged under 18 at the
end of the tax year, then the charge is waived.
The £30,000 charge is
in addition to any tax due on UK income and gains or any foreign income and
gains that have been remitted into the UK during the tax year.
It takes the
form of a tax charge on unremitted income and gains rather than a stand
alone charge. Therefore, individuals paying the charge will choose what
foreign, unremitted income or gains the £30,000 is paid on. As a result
this will not be taxed again when, or if, it is eventually remitted to the
UK. There will be ordering rules that determine which untaxed, unremitted
foreign income or gains will be treated as remitted first. As the £30,000
charge will be classified as either income tax or capital gains tax, it
should be treated as such for the purposes of any Double Taxation Agreements
to provide relief against any tax which might be levied in the individual’s
country of domicile on the same income. The charge will also be available
to cover Gift Aid donations that would otherwise be classed as excessive and
hence lead to a tax liability.
If the £30,000 charge
is paid from an offshore source directly to HM Revenue & Customs, it will
not itself be taxed as a remittance. However, if this is repaid at a later
date for any reason, it will be treated as a remittance on the date of the
repayment.
Our view
The
relaxation made to exclude children from the £30,000 charge can only be
welcomed, as can the provisions made to treat the charge as either tax
on unremitted income or gains, as oppose to a stand alone charge that
would not have been eligible for any Double Taxation considerations |
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