Explanatory Notes

Finance Act 2013

2013 CHAPTER 29

17 July 2013

Introduction

Sections 94174, Schedules 33, 34, 35: Annual Tax on Enveloped Dwellings

Details of the Sections

Section 136 – Meaning of “non-qualifying individual”

219.Subsection (1) sets out who is a “non-qualifying individual” for the purposes of sections 133 and 135 as, including an individual who is entitled to the single dwelling interest, connected individuals etc (including, for a partnership, qualifying members of the partnership and individuals connected with a qualifying member of the partnership).

220.Subsection (2) provides that a qualifying member of a partnership for subsection (1)(c) is a member who has at least a 50% or greater share in the income profits of the partnership or in the partnership assets.

221.Subsection (3) specifies that a collective investment scheme is a relevant scheme for subsection (1)(i) if it meets the ownership condition in respect of the single dwelling interest.

222.Subsection (4) defines a “major participant” in a collective investment scheme as an person who:

223.Subsection (5) clarifies what will be treated as profits or income arising from the scheme in question.

224.Subsection (6) modifies the way section 1122 of CTA 2010 works for subsection (1) by omitting rules about connected persons to partnerships.

225.Subsection (7) provides the meaning for “relative”, “settlor” and “settlement”.

226.Subsection (8) provides a requirement for the meaning for “trustee”.