PART I GENERAL
Dispositions that are not transfers of value
10 Dispositions not intended to confer gratuitous benefit.
1
A disposition is not a transfer of value if it is shown that it was not intented, and was not made in a transaction intended, to confer any gratuitous benefit on any person and either—
a
that it was made in a transaction at arm’s length between persons not connected with each other, or
b
that it was such as might be expected to be made in a transaction at arm’s length between persons not connected with each other.
2
Subsection (1) above shall not apply to a sale of F1unquoted shares or unquoted debentures unless it is shown that the sale was at a price freely negotiated at the time of the sale or at a price such as might be expected to have been freely negotiated at the time of the sale.
3
In this section—
“disposition” includes anything treated as a disposition by virtue of section 3(3) above;
“transaction” includes a series of transactions and any associated operations.
11 Dispositions for maintenance of family.
1
A disposition is not a transfer of value if it is made by one party to a marriage F11or civil partnership in favour of the other party or of a child of either party and is—
a
for the maintenance of the other party, or
b
for the maintenance, education or training of the child for a period ending not later than the year in which he attains the age of eighteen or, after attaining that age, ceases to undergo full-time education or training.
2
A disposition is not a transfer of value if it is made in favour of a child who is not in the care of a parent of his and is for his maintenance, education or training for a period ending not later than the year in which—
a
he attains the age of eighteen, or
b
after attaining that age he ceases to undergo full-time education or training;
but paragraph (b) above applies only if before attaining that age the child has for substantial periods been in the care of the person making the disposition.
3
A disposition is not a transfer of value if it is made in favour of a dependent relative of the person making the disposition and is a reasonable provision for his care or maintenance.
4
A disposition is not a transfer of value if it is made in favour of an illegitimate child of the person making the disposition and is for the maintenance, education or training of the child for a period ending not later than the year in which he attains the age of eighteen or, after attaining that age, ceases to undergo full-time education or training.
5
Where a disposition satisfies the conditions of the preceding provisions of this section to a limited extent only, so much of it as satisfies them and so much of it as does not satisfy them shall be treated as separate dispositions.
6
In this section—
“child” includes a step-child and an adopted child and “parent” shall be construed accordingly;
F14“civil partnership”, in relation to a disposition made on the occasion of the dissolution or annulment of a civil partnership, and in relation to a disposition varying a disposition so made, includes a former civil partnership;
“dependent relative” means in relation to any person—
“marriage”, in relation to a disposition made on the occasion of the dissolution or annulment of a marriage, and in relation to a disposition varying a disposition so made, includes a former marriage;
“year” means period of twelve months ending with 5th April.
12Dispositions allowable for income tax or conferring F18benefits under pension scheme.
1
A disposition made by any person is not a transfer of value if it is allowable in computing that person’s profits or gains for the purposes of income tax or corporation tax or would be so allowable if those profits or gains were sufficient and fell to be so computed.
2
F102A
Subsection (2B) below applies where a person who is a member of a registered pension scheme, and who has not reached the age of 75, has omitted to exercise pension rights under the pension scheme and, if the words “(or latest time)” were omitted from subsection (3) of section 3 above,—
a
that subsection would have treated the person as having made a disposition by reason of omitting to exercise the pension rights, but
b
section 10 above would have prevented the disposition being a transfer of value.
2B
Section 3(3) above does not actually treat the person as making a disposition by reason of omitting to exercise the pension rights (at the latest time when the person could have exercised them) unless the condition in subsection (2C) below is satisfied.
2C
That condition is that—
a
the person makes an actual pensions disposition under the pension scheme which is not prevented from being a transfer of value by section 10 above within the period of two years ending with the date of his death, and
b
it is not shown that, when he made the actual pensions disposition, he had no reason to believe that he would die within that period.
2D
A disposition treated by virtue of section 3(3) above as made by any person who is a member of a registered pension scheme, and who has not reached the age of 75, by reason of omitting to exercise pension rights under the pension scheme is not a transfer of value to the extent that it results in—
a
the provision of a lump sum death benefit or pension death benefit (or both) to a relevant dependant, or
b
the making of a payment to a charity.
2E
A disposition made by a person who is a member of a registered pension scheme, and who has reached the age of 75, is not a transfer of value if the disposition consists in the person—
a
making an actual pensions disposition under the pension scheme, or
b
omitting to exercise pension rights under the pension scheme.
2F
For the purposes of this section—
a
a person omits to exercise pension rights under a pension scheme if he does not become entitled to the whole or any part of a pension or lump sum (or both) under the pension scheme at a time when he was eligible to become so entitled (whether or not he does become entitled to any other benefits under the pension scheme); and
b
a person makes an actual pensions disposition under a registered pension scheme if he makes a disposition within section 3(1) above by doing anything in relation to, or to rights under, the pension scheme.
2G
In this section—
“entitled”, in relation to a pension or lump sum, shall be construed in accordance with section 165(3) or 166(2) of the Finance Act 2004;
“lump sum death benefit” has the same meaning as in Part 4 of that Act (see section 168(2) of that Act);
“pension” has the same meaning as in that Part of that Act (see section 165(2) of that Act);
“pension death benefit” has the meaning given by section 167(2) of that Act; and
“relevant dependant”, in relation to a person, means a dependant (within the meaning given by paragraph 15 of Schedule 28 to that Act) who is the person's spouse or civil partner immediately before his death or someone who is financially dependent on the person at that time.
3
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4
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5
Where a disposition satisfies the conditions of the preceding provisions of this section to a limited extent only, so much of it as satisfies them and so much of it as does not satisfy them shall be treated as separate dispositions.
13 Dispositions by close companies for benefit of employees.
1
A disposition of property made to trustees by a close company whereby the property is to be held on trusts of the description specified in section 86(1) below is not a transfer of value if the persons for whose benefit the trusts permit the property to be applied include all or most of either—
a
the persons employed by or holding office with the company, or
b
the persons employed by or holding office with the company or any one or more subsidiaries of the company.
2
Subsection (1) above shall not apply if the trusts permit any of the property to be applied at any time (whether during any such period as is referred to in section 86(1) below or later) for the benefit of—
a
a person who is a participator in the company making the disposition, or
b
any other person who is a participator in any close company that has made a disposition whereby property became comprised in the same settlement, being a disposition which but for this section would have been a transfer of value, or
c
any other person who has been a participator in any such company as is mentioned in paragraph (a) or (b) above at any time after, or during the ten years before, the disposition made by that company, or
d
any person who is connected with any person within paragraph (a), (b) or (c) above.
3
The participators in a company who are referred to in subsection (2) above do not include any participator who—
a
is not beneficially entitled to, or to rights entitling him to acquire, 5 per cent. or more of, or of any class of the shares comprised in, its issued share capital, and
b
on a winding-up of the company would not be entitled to 5 per cent. or more of its assets.
4
In determining whether the trusts permit property to be applied as mentioned in subsection (2) above, no account shall be taken—
a
of any power to make a payment which is the income of any person for any of the purposes of income tax, or would be the income for any of those purposes of a person not resident in the United Kingdom if he were so resident, or
b
5
In this section—
“close company” and “participator” have the same meanings as in Part IV of this Act;
“ordinary shares” means shares which carry either—
- a
a right to dividends not restricted to dividends at a fixed rate, or
- b
a right to conversion into shares carrying such a right as is mentioned in paragraph (a) above,
- a
“subsidiary” has F4the meaning given by section 736 of the F5M2Companies Act 1985;
and references in subsections (2) and (3) above to a participator in a company shall, in the case of a company which is not a close company, be construed as references to a person who would be a participator in the company if it were a close company.
14 Waiver of remuneration.
1
Subject to subsection (2) below, the waiver or repayment of an amount of remuneration is not a transfer of value if, apart from the waiver or repayment, that amount F7would be earnings, or would be treated as earnings, and would constitute employment income (see section 7(2)(a) or (b) of the Income Tax (Earnings and Pensions) Act 2003) .
2
Where, apart from the waiver or repayment, the amount of the remuneration would be allowable as a deduction in computing for the purposes of income tax or corporation tax the profits or gains or losses of the person by whom it is payable or paid, this section shall apply only if, by reason of the waiver or repayment, it is not so allowed or is otherwise brought into charge in computing those profits or gains or losses.
15 Waiver of dividends.
A person who waives any dividend on shares of a company within twelve months before any right to the dividend has accrued does not by reason of the waiver make a transfer of value.
16 Grant of tenancies of agricultural property.
1
The grant of a tenancy of agricultural property in the United Kingdom, the Channel Islands or the Isle of Man for use for agricultural purposes is not a transfer of value by the grantor if he makes it for full consideration in money or money’s worth.
2
Expressions used in subsection (1) above and in Chapter II of Part V of this Act have the same meaning in that subsection as in that Chapter.
17 Changes in distribution of deceased’s estate, etc.
None of the following is a transfer of value—
a
a variation or disclaimer to which section 142(1) below applies;
b
a transfer to which section 143 below applies;
c
d
the renunciation of a claim to legitim F16or rights under section 131 of the Civil Partnership Act 2004 within the period mentioned in section 147(6) below.