Income Tax (Trading and Other Income) Act 2005

659 Person liable

(1) If the estate income is from a person’s absolute interest or limited interest, that person is liable for any tax charged under section 649 unless subsection (3) or (4) provides that another person is liable.

(2) If the estate income is from a discretionary interest, the person in whose favour the discretion is exercised in making the payment in question is liable for any tax charged under section 649.

(3) If, in a case where the estate income is from an absolute interest—

(a) section 671 (successive absolute interests) applies, or

(b) section 672 (successive interests: assumed income entitlement of holder of absolute interest following limited interest) applies and the income is treated as arising because of that section,

the person by reference to whose assumed income entitlement the estate income is determined is liable for any tax charged under section 649.

(4) If, in a case where the estate income is from a limited interest—

(a) section 673(1) applies and the income is treated as arising because of section 673(2) (payment in respect of a previous limited interest), or

(b) section 674 (successive interests: holders of limited interests) applies,

the person entitled to receive the payment in question is liable for any tax charged under section 649.