Section 809RZB | TRF capital account ^F1F2

(1)An individual may by notice to the Commissioners nominate an account to be a TRF capital account (and more than one nomination may have effect at any time).

(2)The notice must specify the qualifying date for the account.

(3)“The qualifying date” for the account is the first date on which there is paid into the account sums falling within subsection (4) which (in total) are more than £10 at a time when the credit balance of the account was £10 or less.

(4)A sum falls within this subsection if it is TRF capital.

(5)The individual may withdraw the nomination by giving a further notice to the Commissioners, specifying the date with effect from which the nomination is withdrawn.

(6)A notice under subsection (1) or (5) must be in writing and include such information as the Commissioners may reasonably require.

(7)A notice under subsection (1) or (5) must be given no later than—

(a)31 January in the tax year following the tax year in which falls, as the case may be—

(i)the qualifying date for the account, or

(ii)the date with effect from which the nomination is withdrawn, or

(b)such later date as the Commissioners may allow.

(8)If an individual nominates an account under this section, the account is a “TRF capital account” of the individual throughout the period—

(a)beginning with the qualifying date, and

(b)ending with the date before the earliest of the following dates—

(i)the date on which the account is closed or ceases to be an ordinary bank account held by and for the benefit of the individual (alone or jointly with others);

(ii)the date with effect from which the nomination is withdrawn under this section;

(iii)6 April in a tax year in which there is a breach of the TRF deposit rule which is not remedied or cannot be remedied.

(9)The account is not to be a TRF capital account at all if—

(a)at any time on the qualifying date, the account is not an ordinary bank account held by and for the benefit of the individual (alone or jointly with others), or

(b)immediately before the qualifying date, the account has a credit balance of more than £10.

(10)Where the account has a credit balance immediately before the qualifying date (which must be £10 or less), that balance is to be treated as TRF capital for the purposes of this Chapter.

(11)Where interest is payable on TRF capital held in the TRF capital account, any such interest paid into the account is to be treated as TRF capital for the purposes of this Chapter.

(12)The account is not to be a TRF capital account at all if the qualifying date falls in a tax year in which there is a breach of the TRF deposit rule which is not remedied or cannot be remedied.

(13)Subsection (8)(b)(iii) or (12) (as relevant) is to be ignored if the breach occurs on or after a date falling within subsection (8)(b)(i) or (ii).

(14)For the purposes of this section an account is an “ordinary bank account” if it is a cash account in a bank (whether a current or savings account) where sums standing to the credit of the account from time to time represent a debt owed by the bank to the account-holder.

(15)In this section, and in sections 809RZC and 809RZD, a reference to anything “paid into” an account includes anything credited to the account by whatever means.