Part 5Miscellaneous income
Chapter 5Settlements: amounts treated as income of settlor or family
Income treated as income of settlor: retained interests
626Exception for outright gifts between spouses F1or civil partners
(1)
The rule in section 624(1) does not apply in respect of an outright gift—
(a)
of property from which income arises,
(b)
made by one spouse to the other F2or one civil partner to the other , and
(c)
meeting conditions A and B.
(2)
Condition A is that the gift carries a right to the whole of the income.
(3)
Condition B is that the property is not wholly or substantially a right to income.
(4)
A gift is not an outright gift for the purposes of this section if—
(a)
it is subject to conditions, or
(b)
there are any circumstances in which the property, or any related property—
(i)
is payable to the giver,
(ii)
is applicable for the benefit of the giver, or
(iii)
will, or may become, so payable or applicable.
(5)
“” has the same meaning in this section as in section 625.