Non Doms and offshore companies with UK property
The new anti avoidance provisions in the finance bill effectively apply the remittance basis to overseas assets held by an offshore company. Just to clarify that this only applies to overseas assets. What is the position with UK assets (eg property) held by an offshore company?
Well, the relevant provision in the draft legislation states:
(2) The part of the chargeable gain treated as accruing to the individual ("the deemed chargeable gain") is a foreign chargeable gain within the meaning of section 12 if (and only if) the asset is situated outside the United Kingdom.
This therefore effectively states that the remittance basis can only apply to overseas assets. UK assets aren't treated as 'foreign chargeable gains' within the legislation and therefore wouldn't be assessed on the remittance basis in any case. Therefore capital gains in the offshore company if it sold UK property would be apportioned to UK shareholders (>10%) under the anti avoidance rules whether the proceeds were retained overseas or not.