Part 9Special rules about settlements and trustees

Chapter 1Introduction

462Overview of Part

(1)

This Part sets out special rules about settlements and trustees.

(2)

Chapter 2 contains general provision about settlements and trustees, for example, definitions of expressions relating to settlements.

(3)

Chapter 3 provides for income tax to be charged at the dividend trust rate or at the trust rate on certain amounts included in the net income of the trustees of a settlement.

(4)

Chapter 4 provides—

(a)

for expenses of the trustees of a settlement to be set against the trustees' trust rate income (see section 463(2)), and

(b)

consequentially, for the amount of the trust rate income to be reduced.

(5)

Chapter 5 qualifies section 479 (which is in Chapter 3) in the case of the trustees of F1a Schedule 2 share incentive plan.

F2(6)

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(7)

Chapter 7 deals with the treatment of payments made by the trustees of a settlement in the exercise of a discretion.

This affects the way the trustees and the recipients of such payments are taxed.

(8)

Chapter 8 deals with the treatment of expenses of the trustees of a settlement where income arising to the trustees is, before being distributed, the income of a person other than the trustees themselves.

This affects the way that other person is taxed on that income.

F3(9)

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(10)

Chapter 10 deals with heritage maintenance settlements.

(11)

See also Part 10 for special rules about charitable trusts F4 and section 838A for special provision about asbestos compensation settlements .

(12)

See also Chapter 4 of Part 2 of FA 2005 for provision about trusts with vulnerable beneficiaries.