Part 14Income tax liability: miscellaneous rules
C1Chapter 1Limits on liability to income tax of non-UK residents
Limit for non-UK resident individuals, trustees etc
812Case where limit not to apply
1
Section 811 does not apply to income tax to which non-UK resident trustees are liable for a tax year, if there is a beneficiary of the trust who is—
a
an individual who is F1... UK resident, or
b
a UK resident company.
2
For the purposes of subsection (1) a person is a beneficiary of the trust if—
a
the person is an actual or potential beneficiary of the trust, and
b
condition A or B is met in relation to the person.
3
Condition A is that the person is, or will or may become, entitled under the trust to receive some or all of any income under the trust.
4
Condition B is that some or all of any income under the trust may be paid to or used for the benefit of the person in the exercise of a discretion conferred by the trust.
5
The references in subsections (3) and (4) to any income under the trust include a reference to any capital under the trust so far as it represents amounts originally received by the trustees as income.
Pt. 14 Ch. 1 excluded by 2005 c. 5, s. 608X(3)(a) (as inserted (with effect in accordance with Sch. 3 para. 7 of the amending Act) by Finance Act 2019 (c. 1), Sch. 3 para. 4)