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What’s the basis?

09 June 2009
Issue: 4209 / Categories: Forum & Feedback , Residence & domicile
What are the implications of the remittance basis of assessment for non-domiciles who have less than £2,000 of income from abroad? Does a formal claim need to be made? Are there de minimis limits and what happens to income that arose in previous years?

I have several clients who have claimed the remittance basis of assessment to income tax for a number of years on the basis that they are resident and ordinarily resident in the UK but not domiciled.

All such clients have annual foreign source income of less than £2 000 and I am aware that if they wish to continue using the remittance basis they can do so without making a formal claim.

I wonder if readers can advise with regards to the following points.

If any of my clients decide to have foreign source income for 2008/09 taxed on an arising/accruing basis is there a de minimis figure below which they are not liable to UK income tax?

And what is the UK income tax position on funds remitted to the UK in 2008/09 emanating from income received abroad in an earlier tax year?

Query 17...

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