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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Person liable etc.

  • Section 464 Person liable for tax: introduction
  • Section 465 Person liable: individuals
  • Section 465A Amounts for which individuals liable to be treated as highest part of total income
  • Section 465B Temporary non-residents
  • Section 466 Person liable: personal representatives
  • Section 467 Person liable: UK resident trustees
  • Section 468 Non-UK resident trustees and foreign institutions
  • Section 469 Two or more persons interested in policy or contract
  • Section 470 Interests in rights under a policy or contract for section 469
  • Section 471 Determination of shares etc.
  • Section 472 Trusts created by two or more persons
  1. Person liable etc.
  2. Person liable: UK resident trustees

Section 467 | Person liable: UK resident trustees

From legislation.gov.uk

(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.

(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,

(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.

(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—

(a)condition A is met, or

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

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