Section 809C — Finance Act 2008: Claim for remittance basis by long-term UK resident: nomination of foreign income and gains to which section 809H(2) is to apply

Claim for remittance basis by long-term UK resident: nomination of foreign income and gains to which section 809H(2) is to apply 809C 1 This section applies to an individual for a tax year if the individual—

a is aged 18 or over in that year, and b has been UK resident in at least 7 of the 9 tax years immediately preceding that year.

2 A claim under section 809B by the individual for that year must contain a nomination of the income or chargeable gains of the individual for that year to which section 809H(2) is to apply.

3 The income or chargeable gains nominated must be part (or all) of the individual's foreign income and gains for that year.

4 The income and chargeable gains nominated must be such that the relevant tax increase does not exceed £30,000. 5 “ The relevant tax increase ” is—

a the total amount of income tax and capital gains tax payable by the individual for that year, minus b the total amount of income tax and capital gains tax that would be payable by the individual for that year apart from section 809H(2).

6 See section 809Z7 for the meaning of an individual's foreign income and gains for a tax year.