SCHEDULES

SCHEDULE 14BENEFICIARY'S LIABILITY FOR TAX ON GAINS OF NON-RESIDENT TRUSTEES

Interpretation

1

1

In this Schedule—

  • "attributed gain", in relation to the beneficiary, means the chargeable gain which, as mentioned in paragraph (b) of subsection (1) of the principal section, is treated as accruing to him;

  • "the beneficiary" means the beneficiary referred to in that paragraph and paragraph (c) of that subsection ;

  • " claim " means a claim under paragraph 2(1) below ;

  • " close relative ", in relation to any person, means his spouse or a child or remoter descendant of his ;

  • "ineligible gain" shall be construed in accordance with paragraph 2(3) below;

  • " offshore income gain " has the same meaning as in Chapter VII of Part II of this Act;

  • " the principal Act" means the [1979 c. 14.] Capital Gains Tax Act 1979 ;

  • " the principal section " means section 70 of this Act;

  • " related settlement" shall be construed in accordance with paragraph 5(6) below;

  • " relevant benefit" shall be construed in accordance with paragraph 5 below; and

  • " the relevant year of assessment", in relation to an attributed gain, means the year of assessment in which the gain is treated as accruing to the beneficiary.

2

Subject to subsection (4) of the principal section, section 83 of the [1981 c. 35.] Finance Act 1981 (meaning of "capital payment" etc.) applies for the purposes of this Schedule as it applies for the purposes of sections 80 to 82 of that Act.

3

In any case where the beneficiary is a married woman, any reference in the following provisions of this Schedule to the payment of capital gains tax by the beneficiary shall be construed as including a reference to the payment by her husband of capital gains tax which, under subsection (1) of section 45 of the principal Act, is assessed and charged on him.