Income Tax (Trading and Other Income) Act 2005

624 Income where settlor retains an interest U.K.

(1) Income which arises under a settlement is treated for income tax purposes as the income of the settlor and of the settlor alone if it arises—

(a) during the life of the settlor, and

(b) from property in which the settlor has an interest.

[F1 (1A) If the settlement is a trust, expenses of the trustees are not to be used to reduce the income of the settlor.]

(2) For more on a settlor having an interest in property, see section 625.

(3) For exceptions to the rule in subsection (1), see—

• section 626 (exception for outright gifts between spouses [F2 or civil partners]),

• section 627 (exceptions for certain types of income), F3 ...

• section 628 (exception for gifts to charities) [F4 , and

• section 628A (exception for protected foreign-source income).]

Textual Amendments

F1 S. 624(1A) inserted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 553 (with transitional provisions and savings in Sch. 2)

F2 Words in s. 624(3) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), reg. 187

F3 Words in s. 624(3) omitted (16.11.2017) (with effect in accordance with Sch. 8 para. 39 of the amending Act) by virtue of Finance (No. 2) Act 2017 (c. 32), Sch. 8 para. 21(a)

F4 Words in s. 624(3) inserted (16.11.2017) (with effect in accordance with Sch. 8 para. 39 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 8 para. 21(b)