82 Excluded property[F1: property to which section 81 applies (old cases)] U.K.
[F2(1)In a case where, apart from this section, property to which section F3... 81 applies would be excluded property by virtue of section 48(3)(a) above, that property shall not be taken to be excluded property at any time (“the relevant time”) for the purposes of this Chapter (except sections 78 and 79) unless Conditions A and B are satisfied.]
(2)Section 65(8) above shall not have effect in relation to property to which section F4... 81 applies unless [F5Condition A ] below is satisfied (in addition to the condition in section 65(8) that the settlor was not domiciled in the United Kingdom when the [F6property became comprised in the settlement]).
(3)[F7Condition A] referred to in subsections (1) and (2) above is—
F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of property to which subsection (1) or (2) of section 81 above applies, that the person who is the settlor in relation to the second of the settlements mentioned in the subsection concerned,
was not domiciled in the United Kingdom when that settlement was made.
[F9(4)Condition B referred to in subsection (1) above is—
F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of property to which subsection (1) or (2) of section 81 above applies, that the person who is the settlor in relation to the first or second of the settlements mentioned in that subsection,
was not a formerly domiciled resident for the tax year in which the relevant time falls.]
[F11(5)This section does not apply in relation to a case to which section 82A applies.]
Textual Amendments
F1Words in s. 82 heading inserted (with effect in accordance with s. 74(5) of the amending Act) by Finance Act 2020 (c. 14), s. 74(3)(f)
F2S. 82(1) substituted (with effect in accordance with s. 30(9)-(12) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), s. 30(7)(a)
F3Words in s. 82(1) omitted (with effect in accordance with s. 74(5) of the amending Act) by virtue of Finance Act 2020 (c. 14), s. 74(3)(a)
F4Words in s. 82(2) omitted (with effect in accordance with s. 74(5) of the amending Act) by virtue of Finance Act 2020 (c. 14), s. 74(3)(b)(i)
F5Words in s. 82(2) substituted (with effect in accordance with s. 30(9)-(12) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), s. 30(7)(b)
F6Words in s. 82(2) substituted (with effect in accordance with s. 74(5) of the amending Act) by Finance Act 2020 (c. 14), s. 74(3)(b)(ii)
F7Words in s. 82(3) substituted (with effect in accordance with s. 30(9)-(12) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), s. 30(7)(c)
F8S. 82(3)(a) omitted (with effect in accordance with s. 74(5) of the amending Act) by virtue of Finance Act 2020 (c. 14), s. 74(3)(c)
F9S. 82(4) inserted (with effect in accordance with s. 30(9)-(12) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), s. 30(7)(d)
F10S. 82(4)(a) omitted (with effect in accordance with s. 74(5) of the amending Act) by virtue of Finance Act 2020 (c. 14), s. 74(3)(d)
F11S. 82(5) inserted (with effect in accordance with s. 74(5) of the amending Act) by Finance Act 2020 (c. 14), s. 74(3)(e)