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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading Migration of settlements, non-resident settlements and dual resident settlements

  • Section 80 Trustees ceasing to be resident in U.K.
  • Section 80A Postponing gain or loss under section 80(2): interests in UK land
  • Section 81 Death of trustee: special rules.
  • Section 82 Past trustees: liability for tax.
  • Section 83 Trustees ceasing to be liable to U.K. tax.
  • Section 83A Trustees both resident and non-resident in a year of assessment
  • Section 84 Acquisition by dual resident trustees.
  • Section 85 Disposal of interests in non-resident settlements.
  • Section 85A Transfers of value: attribution of gains to beneficiaries and treatment of losses
  • Section 86 Attribution of gains to settlors with interest in non-resident or dual resident settlements.
  • Section 86A Attribution of gains to settlor where temporarily non-resident
  • Section 87 Non-UK resident settlements: attribution of gains to beneficiaries
  • Section 87A Section 87: matching
  • Section 87B Section 87: remittance basis
  • Section 87BA Sections 87 and 87A: disregard of capital payments made from carried interest gains
  • Section 87C Sections 87 and 87A: disregard of certain capital payments
  • Section 87D Sections 87 and 87A: disregard of capital payments to non-residents
  • Section 87E Sections 87 and 87A: disregarded payments to temporary non-resident
  • Section 87F Sections 87 and 87A: disregarded payments in year settlement ends
  • Section 87G Settlor liable if capital payment received by close family member
  • Section 87H Meaning of “close member of the settlor's family”
  • Section 87HA Onward gifts from non-residents or qualifying new residents
  • Section 87I Non-UK resident settlements: recipients of onward gifts
  • Section 87J Relevant parts of payment from which onward gift derived
  • Section 87K Attribution of gains or payments to recipient of onward gift
  • Section 87L Cases where settlor liable following onward gift
  • Section 87M Cases where recipient of onward gift is user of remittance basis
  • Section 87N Sections 87 and 87A: disregard of payments to migrating beneficiary
  • Section 87P Sections 87 and 87A: temporary migration after payment disregarded
  • Section 88 Gains of dual resident settlements.
  • Section 89 Migrant settlements etc.
  • Section 90 Sections 87 and 89(2): transfers between settlements
  • Section 90A Section 90: transfers made for consideration in money or money's worth
  • Section 91 Increase in tax payable under section 87 or 89(2).
  • Section 92 Qualifying amounts and matching.
  • Section 93 Matching: special cases.
  • Section 94 Transfers of settled property where qualifying amounts not wholly matched.
  • Section 95 Matching after transfer.
  • Section 96 Payments by and to companies.
  • Section 97 Supplementary provisions.
  • Section 97A Value of benefit conferred by capital payment made by way of loan
  • Section 97B Value of benefit conferred by capital payment made by way of making movable property available
  • Section 97C Value of benefit conferred by capital payment made by way of making land available
  • Section 98 Power to obtain information for purposes of sections 87 to 90.
  • Section 98A Settlements with foreign element: information.
  1. Migration of settlements, non-resident settlements and dual resident settlements
  2. Value of benefit conferred by capital payment made by way of making land available

Section 97C | Value of benefit conferred by capital payment made by way of making land available F1

From legislation.gov.uk

(1)For the purposes of section 97(4), the value of the benefit conferred by a capital payment consisting of making land available for the use of a person (P) is, for each tax year in which the benefit is conferred on P, the amount by which—

(a)the rental value of the land for the period of the tax year during which the land is made available to P, exceeds

(b)the total of the amounts (if any) paid in the tax year by P—

(i)to the person conferring the benefit, in respect of the availability of the land, or

(ii)so far as not within sub-paragraph (i), in respect of costs of repair, insurance or maintenance relating to the land.

(2)Subsection (1) does not apply in the case where the person conferring the benefit transfers the whole of the person's interest in the land to P.

(3)In subsection (1) “the rental value” of the land for a period means the rent which would have been payable for the period if the land had been let to P at an annual rent equal to the annual value.

(4)For the purposes of subsection (3) “the annual value” of land is the rent that might reasonably be expected to be obtained on a letting from year to year if—

(a)the tenant undertook to pay all taxes, rates and charges usually paid by a tenant, and

(b)the landlord undertook to bear the costs of the repairs and insurance and the other expenses (if any) necessary for maintaining the property in a state to command that rent.

(5)For the purposes of subsection (4) that rent—

(a)is to be taken to be the amount that might reasonably be expected to be so obtained in respect of a letting of the land, and

(b)is to be calculated on the basis that the only amounts that may be deducted in respect of services provided by the landlord are amounts in respect of the costs to the landlord of providing any relevant services.

(6)In subsection (5) “relevant service” means a service other than the repair, insurance or maintenance of the property.

Notes

  1. F1

    Ss. 97A-97C inserted (with effect in accordance with Sch. 9 para. 3 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 9 para. 1(2)

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