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With regards to the December 2008 frequently asked questions relating to the new rules on the remittance basis, question 3 under the subheading ‘Arising basis’ says:
‘If a non-domiciled individual elects to pay tax on the arising basis rather than the remittance basis…’
Surely the arising basis is now the default position with an election only being relevant as regarding the remittance basis?
Could you confirm that this is the case and whether the FAQs will be amended?
An IR technical person agreed with me, but I’m not sure that there are any intentions of correcting.
Geoff Saunders
Editorial note
We put this point to HMRC and received the following statement:
‘In light of the extensive changes to the remittance basis rules, HMRC have undertaken an extensive rewrite of its guidance, and this will be published shortly.’
