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.