It is important to note that many of the planning opportunities for remittances that existed before 6 April 2008 were the result of the decisions in tax cases, and the effects of the rulings in these cases were generally negated by the legislation in FA 2008 and ITA 2007 (see E6.324A onwards).
The key remittance basis cases are set out below according to the principles that they examined.
Receipt
The case of Gresham Life Assurance v Bishop1 established the principle that there cannot be a remittance of any income unless there is an actual receipt. What is received may be the actual income or some credit, property or value attributable to it, but a mere clearance or entry in accounts does not of itself amount to a receipt.
It is not necessary that a remittance should be actually transferred in some tangible form to the UK from abroad. Where a company treated money as effectively remitted to and from the UK by cross-entries in its books because it was more convenient than
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