New queries, issue 4219

Confusion arising

A non-domiciled man has been resident in the UK for seven out of the previous nine tax years. He has not previously made remittances of offshore income/gains but now wishes to do so.

Can Taxation readers clarify the following three points. The questions assume that foreign income/gains are above the £2 000 threshold but below £30 000 for 2008/09?

First if the arising basis is used for the current year’s income must a claim under ITA 2007 s 809B be made where the previous year’s income is declared and does the individual then lose the personal allowance and capital gains tax annual exemption?

Secondly if funds are remitted to the UK after 6 April 2008 how is it determined whether the funds remitted are from the foreign income/gains taxed on the arising basis from 6 April 2008 or are from...