Section 85: Disposal of interests in non-resident settlements., Taxation of Chargeable Gains Act 1992

Subsection (1) of section 76 shall not apply to the disposal of an interest in settled property, other than one treated under subsection (2) of that section as made in consideration of obtaining the settled property, if at the time of the disposal the trustees are not resident in the United Kingdom.

Subject to subsections (4), (9) and (10) below, subsection (3) below applies where—

section 80 applies as regards the trustees of a settlement,

after the relevant time (within the meaning of that section) a person disposes of an interest created by or arising under the settlement and the circumstances are such that subsection (1) above prevents section 76(1) applying, and

the interest was created for his benefit, or he otherwise acquired it, before the relevant time.

For the purpose of calculating any chargeable gain accruing on the disposal of the interest, the person disposing of it shall be treated as having—

disposed of it immediately before the relevant time, and

immediately reacquired it,

at its market value at that time.

Subsection (3) above shall not apply if section 83 applied as regards the trustees in circumstances where the time concerned (within the meaning of that section) fell before the time when the interest was created for the benefit of the person disposing of it or when he otherwise acquired it.

Subject to subsection (10) below, Subsection (7) below applies where—

section 80 applies as regards the trustees of a settlement,

the interest was created for his benefit, or he otherwise acquired it, before the relevant time, and

section 83 applied as regards the trustees in circumstances where the time concerned (within the meaning of that section) fell in the relevant period.

The relevant period is the period which—

begins when the interest was created for the benefit of the person disposing of it or when he otherwise acquired it, and

ends with the relevant time.

For the purpose of calculating any chargeable gain accruing on the disposal of the interest, the person disposing of it shall be treated as having—

disposed of it immediately before the time found under subsection (8) below, and

immediately reacquired it,

at its market value at that time.

The time is—

the time concerned (where there is only one such time), or

the earliest time concerned (where there is more than one because section 83 applied more than once).

Subsection (3) above shall not apply where subsection (7) above applies.

For the purposes of subsection (10) above, a settlement has relevant offshore gains at any time if, were the year of assessment to end at that time, chargeable gains would be treated under section 89(2) or paragraph 8 of Schedule 4C as accruing in the following year of assessment to a beneficiary who received a capital payment from the trustees of the settlement in that year.

Section 85: Disposal of interests in non-resident settlements.

Discussed in

About this text