PART IIIU.K. SETTLED PROPERTY

CHAPTER IIIU.K. SETTLEMENTS WITHOUT INTERESTS IN POSSESSION [F1, AND CERTAIN SETTLEMENTS IN WHICH INTERESTS IN POSSESSION SUBSIST]

Textual Amendments

F1Words in Pt. 3 Ch. 3 heading added (22.3.2006) by Finance Act 2006 (c. 25), s. 156, Sch. 20 para. 20(5)

Modifications etc. (not altering text)

C1 See Finance Act 1990 s. 126—exemption for pools payments to trustees for football ground improvements in respect of events on or after 6April 1990.

C2Pt. 3 Ch. 3 modified (22.7.2004) by Finance Act 2004 (c. 12), s. 283, Sch. 36 para. 57(1) (with s. 283(5))

C3Pt. 3 Ch. 3 modified (22.7.2004) by Finance Act 2004 (c. 12), s. 283, Sch. 36 para. 56(2)(b) (with s. 283(5))

C4Part III Chapter III (ss.58-85) excluded by Finance Act 1991 (c.31, SIF 63:1), s. 121(4).

Pt. III Ch. III (ss. 58-85) restricted (3.5.1994) by 1994 c. 9, s. 248

MiscellaneousU.K.

82 Excluded property[F2: property to which section 81 applies (old cases)] U.K.

[F3(1)In a case where, apart from this section, property to which section F4... 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 F5... 81 applies unless [F6Condition 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 [F7property became comprised in the settlement]).

(3)[F8Condition A] referred to in subsections (1) and (2) above is—

F9(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.

[F10(4)Condition B referred to in subsection (1) above is—

F11(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.]

[F12(5)This section does not apply in relation to a case to which section 82A applies.]

Textual Amendments

F2Words 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)

F3S. 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)

F4Words 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)

F5Words 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)

F6Words 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)

F7Words 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)

F8Words 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)

F9S. 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)

F10S. 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)

F11S. 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)

F12S. 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)