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651Meaning of “UK estate” and “foreign estate”

(1)    In this Chapter—

“UK estate”, in relation to a tax year, means an estate which meets conditions A and B, or condition C, for that year, and

“foreign estate”, in relation to a tax year, means an estate which is not a UK estate in relation to that year.

(2)    Condition A is that all the income of the estate either—

(a)    has borne United Kingdom income tax by deduction, or

(b)    is income in respect of which the personal representatives are directly assessable to United Kingdom income tax for the tax year.

(3)    Condition B is that none of the income of the estate is income for which the personal representatives are not liable to United Kingdom income tax for the tax year because they are not UK resident or not ordinarily UK resident.

(4)    For the purposes of conditions A and B sums within section 680(3) or (4) (sums treated as bearing tax) are ignored.

(5)    Condition C is that the aggregate income of the estate for the tax year consists only of sums within section 680(3) or (4).

NOTES
Initial Commencement
Specified date

This Act comes into force on 6 April 2005 and has effect, for the purposes of income tax for the year 2005–06 and subsequent tax years, and for the purposes of corporation tax for accounting periods ending after 5 April 2005: see s 883; for transitional provisions and savings see Sch 2 hereto.
Income Tax Allowances, Deductions & Reliefs94 Company Law & Business Entities92 Trusts & Trustees99 Equity & Trusts99 Companies & Corporate Bodies92 Income Tax99 Estate Taxes93 Trading Income94 Administration of Estates93 Administration & Collection of Income Tax97 Tax Law99 Personal Taxes94

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