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Legislation
Taxation of Chargeable Gains Act 1992

Chapter I Miscellaneous provisions

  • Section 58 Spouses and civil partners.
  • Section 59 Partnerships.
  • Section 59A Limited liability partnerships.
  • Section 59AA Limited liability partnerships: deemed disposal
  • Section 59B Alternative investment fund managers (1)
  • Section 59C Alternative investment managers (2)
  • Section 60 Nominees and bare trustees.
  • Section 61 Funds in court.
  • Section 62 Death: general provisions.
  • Section 63 Death: application of law in Scotland.
  • Section 63A Death: application of law in Northern Ireland
  • Section 64 Expenses in administration of estates and trusts.
  • Section 65 Liability for tax of trustees or personal representatives.
  • Section 66 Insolvents’ assets.
  • Section 67 Provisions applicable where section 79 of the Finance Act 1980 has applied.
  1. Chapter I · Miscellaneous provisions
  2. Insolvents’ assets.

Section 66 | Insolvents’ assets.

From legislation.gov.uk

(1)In relation to assets held by a person as trustee or assignee in bankruptcy or under a deed of arrangement this Act shall apply as if the assets were vested in, and the acts of the trustee or assignee in relation to the assets were the acts of, the bankrupt or debtor (acquisitions from or disposals to him by the bankrupt or debtor being disregarded accordingly), and tax in respect of any chargeable gains which accrue to any such trustee or assignee shall be assessable on and recoverable from him.

(2)Assets held by a trustee or assignee in bankruptcy or under a deed of arrangement at the death of the bankrupt or debtor shall for the purposes of this Act be regarded as held by a personal representative of the deceased and—

(a)subsection (1) above shall not apply after the death, and

(b)section 62(1) shall apply as if any assets held by a trustee or assignee in bankruptcy or under a deed of arrangement at the death of the bankrupt or debtor were assets of which the deceased was competent to dispose and which then devolved on the trustee or assignee as if he were a personal representative.

(3)Assets vesting in a trustee in bankruptcy after the death of the bankrupt or debtor shall for the purposes of this Act be regarded as held by a personal representative of the deceased, and subsection (1) above shall not apply.

(4)The definition of “settled property” in section 68 shall not include any property as being property held by a trustee or assignee in bankruptcy or under a deed of arrangement.

(5)In this section—F1F2F3

“deed of arrangement” means a deed of arrangement to which an enactment forming part of the law of Scotland or Northern Ireland which corresponds to the Deeds of Arrangement Act 1914 applies, and

“trustee in bankruptcy” includes a trustee in a sequestration under the Bankruptcy (Scotland) Act 2016.

Notes

  1. F1

    Words in s. 66(5) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 2(12) (with Sch. 6 para. 3); S.I. 2015/1732, art. 2(e)(i)

  2. F2

    Words in s. 66(5) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 10(a)

  3. F3

    Word in s. 66(5) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 10(b)

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