INTM151010 - Double taxation: concept and principles

UK and foreign legislation

United Kingdom domestic legislation generally provides that

  1. all income which arises in the United Kingdom, whether derived by a United Kingdom resident or not, and
  2. income derived from abroad by a United Kingdom resident,

is chargeable to United Kingdom tax.

Examples of (a) are income from property (ICTA88/S15), income from a trade, profession or vocation exercised within the United Kingdom (ICTA88/S18 (1) ), income from employments ( ITEPA03/S21) and income from exploration or exploitation activities in the United Kingdom or in an area designated under the Continental Shelf Act 1964 (ICTA88/S830 (5) ).

Examples of (b) are income from securities and possessions out of the United Kingdom chargeable under Cases IV and V of Schedule D (ICTA88/S18 (2) ) and income from employments abroad chargeable under ITEPA03/S21.

Many foreign countries have taxation systems based on similar principles so that income which arises in one country and flows to the other country is taxed twice, once in the country of its origin and again in the country in which the recipient resides.