Income Tax Act 2007 section 809U

Deemed income or gains not to be regarded as remitted before time when they are treated as arising or accruing

Section 809U prevents deemed income or foreign chargeable gains from being treated as remitted to the United Kingdom at a date earlier than the date on which they are treated as arising or accruing.

• This section applies where income or foreign chargeable gains are deemed (rather than actual), meaning they are treated as arising or accruing at a particular point in time.
• Sometimes actions taken in relation to property or assets derived from such income or gains could suggest that a remittance to the UK occurred before the income or gains officially came into existence.
• The rule prevents this timing mismatch by providing that any such remittance is treated as taking place at the time the income or gains are treated as arising or accruing, and not before.
• This ensures that the remittance basis rules operate in a logical sequence, so that income or gains cannot be regarded as remitted to the UK at a point in time before they are deemed to exist.