Part 13Tax avoidance
C2C1Chapter 2Transfer of assets abroad
Pt. 13 Ch. 2 applied (with effect in accordance with art. 1(2)(3) Sch. 1 of the amending S.I.) by The Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001), regs. 1(1), 21
Charge where power to enjoy income
723The enjoyment conditions
1
Condition A is that the income is in fact so dealt with by any person as to be calculated at some time to enure for the benefit of the individual, whether in the form of income or not.
2
Condition B is that the receipt or accrual of the income operates to increase the value to the individual—
a
of any assets the individual holds, or
b
of any assets held for the individual's benefit.
3
Condition C is that the individual receives or is entitled to receive at any time any benefit provided or to be provided out of the income or related money.
4
In subsection (3) “related money” means money which is or will be available for the purpose of providing the benefit as a result of the effect or successive effects—
a
on the income, and
b
on any assets which directly or indirectly represent the income,
of the associated operations referred to in section 721(2).
5
Condition D is that the individual may become entitled to the beneficial enjoyment of the income if one or more powers are exercised or successively exercised.
6
For the purposes of subsection (5) it does not matter—
a
who may exercise the powers, or
b
whether they are exercisable with or without the consent of another person.
7
Condition E is that the individual is able in any manner to control directly or indirectly the application of the income.
Pt. 13 Ch. 2 applied by 1988 c. 1, s. 762ZA (as inserted (21.7.2008 with effect in accordance with Sch. 7 para. 98 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 94)