Part 2

Income tax, corporation tax and capital gains tax
Chapter 4

Trusts with vulnerable beneficiary

Capital gains tax

Qualifying trusts gains: special capital gains tax treatment
30
1
This section has effect in relation to a tax year if—
a
in the tax year chargeable gains accrue to the trustees of a settlement from the disposal of settled property which is held on qualifying trusts for the benefit of a vulnerable person (“the qualifying trusts gains”),
b
the trustees would (apart from this Chapter) be chargeable to capital gains tax in respect of those gains,
c
the trustees are resident in the United Kingdom during any part of the tax year, and
d
a claim for special tax treatment under this Chapter for the tax year is made by the trustees.
1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Special capital gains tax treatment applies for the tax year in accordance with—
a
section 31 (vulnerable person UK resident for the tax year), or
b
section 32 (vulnerable person non-UK resident for the tax year).
3
But this section does not have effect in relation to the tax year if the vulnerable person dies during that year.
3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The reference in subsection (1)(a) to chargeable gains accruing to the trustees from the disposal of settled property includes a reference to chargeable gains treated as accruing to them under section 13 of TCGA 1992 (attribution of gains to members of non-resident companies).
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 30(1A) omitted (with effect in accordance with Sch. 2 para. 22 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 15
S. 30(3A) omitted (with effect in accordance with Sch. 2 para. 22 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 15
S. 30(1)(c) substituted (with effect in accordance with Sch. 46 para. 133(2) of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 133(1)
Word in s. 30(2)(a)(b) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 45 para. 151(3)(a)
S. 30(5) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 45 para. 151(3)(b)