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SCHEDULES

SCHEDULE 13U.K.Settlements: amendments to ICTA and ITTOIA 2005 etc

Part 2U.K.Minor and consequential amendments

7Paragraphs 8 to 26 amend ICTA.

8Section 220(2) shall cease to have effect.

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 13 para. 9 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 13 para. 10 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

11F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 13 para. 11 repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1031, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

F412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 13 para. 12 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 13 para. 13 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

14F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 13 para. 14 repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1031, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

15F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 13 para. 15 repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1031, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

16F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 13 para. 16 repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1031, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

17F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Sch. 13 para. 17 repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1031, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

F1018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 13 para. 18 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

19F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 13 para. 19 repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1031, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

F1220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 13 para. 20 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

21F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 13 para. 21 repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1031, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

22F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 13 para. 22 repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1031, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

23Section 764 shall cease to have effect.

F1524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 13 para. 24 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

F1625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Sch. 13 para. 25 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F1726. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 13 para. 26 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 2 (with Sch. 9 paras. 1-9, 22)

27(1)Paragraph 7 and paragraphs 9 to 26 shall come into force on 6th April 2006 (in relation to settlements whenever created).U.K.

(2)Paragraph 8 shall come into force on 6th April 2007 (in relation to settlements whenever created).

28(1)FA 1989 shall be amended as follows.U.K.

(2)The following provisions shall cease to have effect—

(a)section 68(2)(c),

(b)section 71(4)(c), and

(c)section 110.

(3)In section 68(2)—

(a)after paragraph (ba) insert “ , and ”, and

(b)after paragraph (bb) omit “, and”.

(4)In section 71(4)—

(a)after paragraph (ba) insert “ , and ”, and

(b)after paragraph (bb) omit “, and”.

(5)Sub-paragraph (2)(a) and (b) shall have effect in relation to payments made on or after 6th April 2006.

(6)Sub-paragraph (2)(c) shall have effect from 6th April 2007 (in relation to settlements whenever created).

(7)Sub-paragraphs (3) and (4) shall come into force on 6th April 2006.

Commencement Information

I1Sch. 13 para. 28 wholly in force; para. 28(3)(4) in force at 6.4.2006 and para. 28 otherwise in force at Royal Assent (para. 28(2)(c) having effect from 6.4.2007) see para. 28(5)-(7)

F1829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Sch. 13 para. 29 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 12 (with Sch. 9 paras. 1-9, 22)

30(1)In section 25(9)(b) of FA 1990—U.K.

(a)after sub-paragraph (iii) omit “or”, and

(b)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)This paragraph shall have effect for payments in respect of income made on or after 6th April 2006.

Textual Amendments

F19Sch. 13 para. 30(1)(b) repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1031, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

31(1)In ITTOIA 2005—U.K.

(a)for “trustees of trusts” in each place in sections 417(2) and 420 substitute “ trustees of settlements ”,

(b)in section 420(1)(a) and (c) for “trust” substitute “ settlement ”,

(c)in the title of section 420 for “trust” substitute “ settlement ”.

(2)For section 623 of ITTOIA 2005 (calculation of income) substitute—

623Calculation of income

For the purpose of calculating liability to tax under this Chapter (but for no other purpose), a settlor shall be allowed the same deductions and reliefs as if any amount treated under this Chapter as income of the settlor had actually been received by the settlor.

(3)This paragraph shall come into force on 6th April 2006 in respect of settlements whenever created, and in respect of loans or advances whenever made.

32(1)The following provisions of ITTOIA 2005 shall cease to have effect—U.K.

(a)section 457(4), and

(b)section 568(5).

(2)In section 457(5) of ITTOIA 2005 for “(2) to (4)” substitute “ (2) and (3) ”.

(3)In section 467(7) of that Act for paragraph (b) substitute—

(b)at the rate applicable by virtue of section 686A of ICTA (payments treated as income) in any other case.

(4)This paragraph shall have effect in relation to payments made on or after 6th April 2006 to the trustees of a settlement (whenever created).

33(1)In sections 628 and 630 of ITTOIA 2005 for “UK trust” in each place substitute “ UK settlement ”.U.K.

(2)In section 628(6) of that Act for the definition of “UK trust” substitute—

UK settlement” means a settlement the trustees of which are resident and ordinarily resident in the United Kingdom.

(3)In section 630(1)(b) of that Act for “terms of the trust” substitute “ terms of the settlement ”.

(4)In section 631(5)(e)(ii) of that Act for “provisions of the trust” substitute “ terms of the settlement ”.

(5)This paragraph shall come into force on 6th April 2006.

34(1)After section 629(7) of ITTOIA 2005 insert—U.K.

(8)Subsection (1) is subject to section 28A of FA 2005.

(2)This paragraph shall have effect in relation to payments made on or after 6th April 2004.

35(1)FA 2005 shall be amended as follows.U.K.

(2)In the following provisions for “trustees” substitute “ the trustees of a settlement ”

(a)section 23(1)(a) and (b) (vulnerable persons: introduction),

(b)section 24(1) (vulnerable persons: claims),

(c)section 25(1)(a) (qualifying trusts: income tax), and

(d)section 37(1) (vulnerable person election).

(3)In section 25(3)—

(a)for “section 660G(1) and (2) of ICTA” substitute “ section 620(1) of ITTOIA 2005 ”, and

(b)for “section 660A of that Act” substitute “ sections 624 and 625 of that Act. ”.

(4)In section 27(2)(b) (qualifying expenses) for “total income” substitute “ income ”.

(5)Section 42(5)(b) shall cease to have effect.

(6)In section 43(4) (penalties) for the first reference to “trustees” substitute “ the trustees of a settlement ”.

(7)This paragraph shall come into force on 6th April 2006.

36(1)After section 28 of FA 2005 insert—U.K.

28ADisapplication of section 629 of ITTOIA 2005

(1)In a case where this section applies, section 629(1) of ITTOIA 2005 shall not apply in respect of a payment by the trustees of a settlement to a beneficiary under the settlement.

(2)This section applies if in a year of assessment—

(a)the trustees make a payment to a vulnerable person,

(b)the payment is made out of qualifying trusts income,

(c)the vulnerable person is a relevant child (within the meaning given by section 629 of ITTOIA 2005) of a settlor in relation to the settlement, and

(d)the trustees have made a successful claim for special income tax treatment under section 25.

(2)This paragraph shall have effect in relation to payments made on or after 6th April 2004.

37F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Sch. 13 para. 37 repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1031, Sch. 1 para. 625, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)