Section 467 | Person liable: UK resident trustees

(1)Trustees are liable for tax under this Chapter if immediately before the chargeable event in question occurs they are UK resident and condition A, B, C or D is met.

(1A)If trustees are liable for tax under this Chapter, the gain is treated for income tax purposes as income of the trustees.^F1

(2)Condition A is that the rights under the policy or contract are held by the trustees on charitable trusts.

(3)Condition B is that—

(a)those rights are held by the trustees on non-charitable trusts, and

(b)one or more of the absent settlor conditions is met.

(4)The absent settlor conditions are that the person who created the trusts—

(a)is non-UK resident,

(aa)is UK resident but the gain arises in the overseas part of a tax year that is, as respects the person who created the trusts, a split year,^F2

(b)has died, or

(c)in the case of a company or foreign institution (see section 468(5)), has been dissolved or wound up or has otherwise come to an end.

(5)Condition C is that—

(a)the rights under the policy or contract are held by the trustees on non-charitable trusts,

(b)condition B does not apply, and

(c)neither section 465 nor section 466 applies.^F3

(6)Condition D is that the rights under the policy or contract are held as security for a debt owed by the trustees.

(7)If trustees are liable for tax under this Chapter, it is charged at the savings basic rate if—^F4F5

(a)condition A is met, or^F4

(b)condition D is met and the trustees are trustees of a charitable trust.^F4