Section 87HA | Onward gifts from non-residents or qualifying new residents ^F1F2

(1)Subsection (2) applies if—

(a)a person (“the original recipient”) receives a capital payment (“the original benefit”) from the trustees of a settlement,

(b)the original recipient is not resident in the United Kingdom, or is a qualifying new resident, for the tax year in which they receive the original benefit,

(c)section 87G(2) (close family member’s benefits attributed to settlor) does not apply to the provision of the original benefit to the original recipient,

(d)at the time when the person receives the original benefit—

(i)there are arrangements, or an intention, as regards the (direct or indirect) passing on of the whole or part of the original benefit to another person, and

(ii)it is reasonable to expect that, if the whole or part of the original benefit is passed on to another person in accordance with the arrangements or intention, that other person will be resident in the United Kingdom when they receive at least part of what is passed on to them,

(e)the original recipient provides a benefit (“the onward gift”) to a person (“the subsequent recipient”)—

(i)at the time when the original benefit is provided to the original recipient or at any later time in the 3 years beginning with the day containing that time, or

(ii)at any time before the original benefit is made to the original recipient and, it is reasonable to assume, in anticipation of the original benefit’s being made,

(f)the onward gift is of or includes—

(i)the whole or part of the original benefit

(ii)anything that (wholly or in part, and directly or indirectly) derives from, or represents, the whole or part of the original benefit, or

(iii)any other property, but only if the original benefit is provided with a view to enabling or facilitating, or otherwise in connection with, the providing of the onward gift to the subsequent recipient, and

(g)the subsequent recipient is resident in the United Kingdom for the tax year in which they receive the onward gift.

(2)So much of the onward gift as falls within subsection (1)(f) is treated for the purposes of sections 87, 87A , 87D(2) and 87G(2) as a ... payment received from the trustees by the subsequent recipient at the time when the onward gift is provided.^F3

(3)Where subsection (2) applies, the subsequent recipient is treated as having received the ... payment as a beneficiary of the settlement (whether or not they are otherwise a beneficiary of it).^F4

(4)For the purposes of subsection (1)(e), the circumstances in which the original recipient provides a benefit to the subsequent recipient include circumstances where there is a series of two or more benefits starting with a benefit provided by the original recipient and ending with a benefit provided to the subsequent recipient; and in such a case—

(a)the onward gift is treated for the purposes of subsection (1)(e) as provided when the final benefit in the series is provided, and

(b)the reference to the onward gift in subsection (1)(f) is to be read as a reference to each benefit in the series.

(5)Where the onward gift is made as mentioned in subsection (1)(e)(ii), the onward gift is treated for the purposes of subsection (2) as made in the tax year in which the original benefit is made to the original recipient.

(6)Where the conditions in subsection (1)(e) to (g) are met, it is to be presumed (unless the contrary is shown) that the condition in subsection (1)(d) is also met.

(7)In this section, “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).