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Legislation
Income Tax Act 2007

Crossheading Transitional provision about protected foreign-source income and transitionally protected income

  • Section 735AA Settlements to which following sections apply
  • Section 735AB “Protected foreign-source income” and “transitionally protected income”
  • Section 735AC Transitionally protected income not to be taxed on remittance
  • Section 735AD Settlor liable for benefits charge despite being transferor
  • Section 735AE Settlor liable in place of close family member
  • Section 735AF Onward gifts from non-residents or qualifying new residents
  • Section 735AG Deduction allowed for previous settlements charge
  • Section 735B Historical liability under section 733A where remittance basis applied
  • Section 735C Historical operation of section 733C or 733E where remittance basis applied
  1. Transitional provision about protected foreign-source income and transitionally protected income
  2. Settlor liable for benefits charge despite being transferor

Section 735AD | Settlor liable for benefits charge despite being transferor

From legislation.gov.uk

(1)For the purposes of section 732 (benefits charge: deemed income), subsection (1)(d) of that section (benefits charge confined to individuals not liable under section 720 or 727) is to be disregarded where the individual who receives the benefit is the settlor.

(2)But any income treated as arising to the settlor under section 732(2) is not taxed under section 731 unless the income would, assuming that section 735A applied for this purpose by reference to the settlor, be matched under that section with an amount of relevant income that is protected foreign-source income or transitionally protected income in relation to the relevant transfer.

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