RDRM36020 - Remittance Basis: Remittance Basis up to 6 April 2008: Previous to 6 April 2008: Relevant legislation

Foreign income (non-employment)

• Periods before 6 April 2005 – Schedule D Case IV/V – ICTA88 s65
• From 6 April 2005 – ‘Relevant foreign income’ – ITTOIA05 s829+

Foreign income – employment

• Periods before 6 April 2003 Case III Schedule E – ICTA88 s19
• From 6 April 2003 – chargeable overseas or general earnings (non-UK) – ITEPA03 s22 and s26

Capital gains (non-domiciled individuals only) – TCGA92 s12

Under the terms of ITTOIA05 s831(repealed with effect from 6 April 2008), qualifying taxpayers who wished to pay tax on the Remittance Basis in respect of their relevant foreign income (most commonly foreign dividends, overseas bank interest, foreign pensions and income from property - ITTOIA05 s830) were required to make a claim as part of a Self-Assessment return. However, the Remittance Basis applied automatically to overseas employment income and overseas capital gains.

Note: In both the pre 5 April and post 6 April 2008 regimes, only individuals who are resident but not domiciled in the UK can use the remittance basis for their foreign chargeable gains.