PART IIIIncome Tax, Corporation Tax and Capital Gains Tax
CHAPTER IGeneral
63Sums paid to settlor otherwise than as income
(1)
In section 451 of the Taxes Act (sums paid to settlor otherwise than as income) subsection (1) shall have effect in accordance with subsections (2) and (3) below and shall be presumed so to have had effect in relation to any capital sum paid to the settlor on or after 6th April 1981.
(2)
In paragraph (b) the amendment made by section 42(2)(c) of the M1Finance Act 1981 shall be presumed not to have been made and, accordingly, the words following " up to the end of " shall read " the next following year, be treated for the purposes aforesaid as income of the settlor for the next following year ".
(3)
In the words following paragraph (b) (as amended by section 42(2)(6) of the Finance Act 1981) after the words " each subsequent year " there shall be inserted the words " up to a maximum of ten subsequent years ".
(4)
Where a capital sum was paid in a relevant year ending before 6th April 1981 (the operative date for sections 42 and 43 of the Finance Act 1981) and the circumstances are such that—
(a)
subsection (1) of section 451 of the Taxes Act applies to that sum, but
(b)
on that date the whole or some part of that sum (in this subsection referred to as " the balance ") had not been treated, in accordance with that subsection, as the income of the settlor for any relevant year ending before that date,
the balance shall be deemed for the purposes of that section to have been paid not at the time the capital sum was in fact paid but on 6th April 1981.
(5)
Expressions used in subsections (1) and (4) above have the same meaning as in section 451(1) of the Taxes Act.