Income Tax Act 2007 section 859

Declarations of non-UK residence: Scottish partnerships

Section 859 sets out the requirements for Scottish partnerships to declare non-UK residence status in relation to investments, so that those investments are not treated as relevant investments subject to deduction of income tax at source.

• This section applies to investments that meet the Scottish partnership condition defined in section 856(4) of the Act.
• A declaration of non-UK residence must be made in a prescribed or authorised format containing specified information, in order for the investment to avoid being treated as a relevant investment.
• For the investment to escape relevant investment status, all partners in the Scottish partnership must be not ordinarily resident in the United Kingdom — it is not sufficient for only some partners to be non-UK resident.
• These rules derive from earlier provisions in ICTA and building society regulations, consolidated and clarified within this section.