RDRM35150 - Remittance Basis: Amounts Remitted: Remittances of 'nominated' income or gains: Remittances of nominated income or gains - example 1

Alexandria has foreign income or gains, and uses the remittance basis

In 2013-14 Alexandria actually and identifiably remits

The ordering rules are triggered. The 鈥榬elevant year鈥� is 2013-14

Alexandria will be taxed on 拢220,000 of remittances as if she had actually remitted the following

Alexandria has foreign income or gains, and uses the remittance basis

as follows:

Year Foreign chargeable gains (Para (d)) Relevant foreign income - Jersey (Para (c)) Relevant foreign earnings (Para (a)) Nomination
(from Jersey RFI)
2010-11 拢250,000 拢75,000 拢200,000 拢75,000 RFI
2011-12 拢300,000 拢80,000 拢120,000 拢75,000 RFI
2012-13 Nil 拢75,000 拢280,000 拢75,000 RFI
2013-14 拢130,000 拢80,000 拢150,000 拢75,000 RFI
Totals 拢680,000 拢310,000 拢750,000 -

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In 2013-2014 Alexandria actually and identifiably remits:

  • 拢30,000 Jersey relevant foreign income she nominated in 2010-2011
  • 拢140,000 foreign chargeable gains from 2011-2012, and
  • 拢50,000 relevant foreign earnings from 2013-2014

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The ordering rules are triggered. The 鈥榬elevant year鈥� is 2013-14

Step 1

Identify nominated income and gains remitted in the relevant year - 拢30,000. Relevant amount 拢220,000.

Identify the remittance basis income and gains remitted in the relevant year - 拢190,000

Step 2

Find the total amount of the individual鈥檚 foreign income and gains (excluding those nominated) for the relevant tax year:

  • Para (a) relevant foreign earnings (not subject to a foreign tax) 拢150,000
  • Para (c) relevant foreign income (not subject to a foreign tax) 拢5,000
  • Para (d) foreign chargeable gains (not subject to a foreign tax) 拢130,000

Step 3

Identify the earliest of paragraphs (a) to (h) above for which the amount determined in step 2 is not nil 鈥� para (a) 拢150,000

Step 4

Where the relevant amount is greater than the amount identified above, the relevant amount is reduced by the amount identified - 拢220,000 less 拢150,000 = 拢70,000

Step 5

If the relevant amount is not nil go back and repeat step 3. Take the reference to the first of paragraphs (a) to (h) as a reference to the earliest paragraph not previously taken into account under step 3.

Step 3

Repeated 鈥� para (c) 拢5,000

Step 4

Repeated 鈥� relevant amount reduced to 拢65,000

Step 5

In the order of preference listed above repeat steps 3 and 4

Step 3

Repeated 鈥� para (d) 拢130,000

Step 4

If the relevant amount is less than the amount identified, treat the whole of the remaining amount of the transfer as coming from that item of income or gain.

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Alexandria will be taxed on 拢220,000 of remittances as if she had actually remitted the following

Foreign chargeable gains

Year Accruing in year Actually remitted to UK Treated as remitted
2010-2011 拢250,000 Nil Nil
2011-2012 拢300,000 拢140,000 Nil
2012-2013 Nil Nil Nil
2013-2014 拢130,000 Nil 拢65,000

Relevant foreign income: Nominated

Year Arising in year Actually remitted to UK Treated as remitted
2010-2011 拢75,000 拢30,000 Nil
2011-2012 拢75,000 Nil Nil
2012-2013 拢75,000 Nil Nil
2013-2014 拢75,000 Nil Nil

Relevant foreign income: Not nominated

Year Arising in year Actually remitted to UK Treated as remitted
2010-2011 Nil Nil Nil
2011-2012 拢5,000 Nil Nil
2012-2013 Nil Nil Nil
2013-2014 拢5,000 Nil 拢5,000

Relevant foreign earnings

Year Arising in year Actually remitted to UK Treated as remitted
2010-2011 拢200,000 Nil Nil
2011-2012 拢120,000 Nil Nil
2012-2013 拢280,000 Nil Nil
2013-2014 拢150,000 拢50,000 拢150,000

If in future years she actually remits any of these monies, the ordering rules will treat her as having remitted something else instead (refer to RDRM35160 - Example 1 continuation).