Income Tax Act 2007 section 809Z

Public access rule: general

Section 809Z sets out the conditions under which property brought into the UK by a remittance basis user can qualify for the public access rule, allowing it to be treated as not remitted to the UK provided it is made available to the public at an approved establishment within specified time limits.

• Property meets the public access rule if it is available for public access at an approved establishment, or is in transit to or from, or in storage at, relevant premises in connection with such public access (Condition B)
• The property must satisfy Condition B for no more than two years during the relevant period, unless HMRC agree a longer period (Condition C)
• Approved establishments include museums, galleries and other institutions recognised under VAT imported goods relief legislation, plus any other person, premises or institution designated by HMRC
• The relevant period runs from the date the property is imported until it leaves the UK, but if the property is lost or stolen the period ends at that point and a new period begins when it is recovered or re-imported