Qualifying settlements, and commencementU.K.
9(1)A settlement created on or after 19th March 1991 is a qualifying settlement for the purposes of section 86 and this Schedule in—U.K.
(a)the year of assessment in which it is created, and
(b)subsequent years of assessment.
(2)A settlement created before 19th March 1991, and as regards which any of the 4 conditions set out in sub-paragraphs (3) to (6) below becomes fulfilled, is a qualifying settlement for the purposes of section 86 and this Schedule in—
(a)the year of assessment in which any of those conditions becomes fulfilled, and
(b)subsequent years of assessment.
(3)The first condition is that on or after 19th March 1991 property or income is provided directly or indirectly for the purposes of the settlement—
(a)otherwise than under a transaction entered into at arm’s length, and
(b)otherwise than in pursuance of a liability incurred by any person before that date;
but if the settlement’s expenses relating to administration and taxation for a year of assessment exceed its income for the year, property or income provided towards meeting those expenses shall be ignored for the purposes of this condition if the value of the property or income so provided does not exceed the difference between the amount of those expenses and the amount of the settlement’s income for the year.
(4)The second condition is that—
(a)the trustees become on or after 19th March 1991 neither resident nor ordinarily resident in the United Kingdom, or
(b)the trustees, while continuing to be resident and ordinarily resident in the United Kingdom, become on or after 19th March 1991 trustees who fall to be regarded for the purposes of any double taxation relief arrangements as resident in a territory outside the United Kingdom.
(5)The third condition is that on or after 19th March 1991 the terms of the settlement are varied so that any person falling within sub-paragraph (7) below becomes for the first time a person who will or might benefit from the settlement.
(6)The fourth condition is that—
(a)on or after 19th March 1991 a person falling within sub-paragraph (7) below enjoys a benefit from the settlement for the first time, and
(b)the person concerned is not one who (looking only at the terms of the settlement immediately before 19th March 1991) would be capable of enjoying a benefit from the settlement on or after that date.
(7)Each of the following persons falls within this sub-paragraph—
(a)a settlor;
(b)the spouse of a settlor;
(c)any child of a settlor or of a settlor’s spouse;
(d)the spouse of any such child;
(e)a company controlled by a person or persons falling within paragraphs (a) to (d) above;
(f)a company associated with a company falling within paragraph (e) above.
(8)In sub-paragraph (7) above “child” includes a step-child.
(9)For the purposes of sub-paragraph (7) above the question whether a company is controlled by a person or persons shall be construed in accordance with section 416 of the Taxes Act; but in deciding that question for those purposes no rights or powers of (or attributed to) an associate or associates of a person shall be attributed to him under section 416(6) if he is not a participator in the company.
(10)For the purposes of sub-paragraph (7) above the question whether one company is associated with another shall be construed in accordance with section 416 of the Taxes Act; but where in deciding that question for those purposes it falls to be decided whether a company is controlled by a person or persons, no rights or powers of (or attributed to) an associate or associates of a person shall be attributed to him under section 416(6) if he is not a participator in the company.
(11)In sub-paragraphs (9) and (10) “participator” has the meaning given by section 417(1) of the Taxes Act.