(1)Section 685 of the Taxes Act 1988 (provisions supplementary to sections charging settlor to tax in excess of basic rate on certain settlement income) shall be amended as follows.
(2)In subsection (3), after the word “above” there shall be inserted the words “and subsection (4B) below”.
(3)At the end of subsection (4) there shall be added the words “, but subject to subsections (4A) and (4C) below”.
(4)After subsection (4) there shall be inserted—
“(4A)References in section 683 to a settlement do not include references to an outright gift by one spouse to the other of property from which income arises unless—
(a)the gift does not carry a right to the whole of that income, or
(b)the property given is wholly or substantially a right to income.
(4B)For the purposes of subsection (4A) above a gift is not an outright gift if it is subject to conditions, or if the property given or any derived property is or will or may become, in any circumstances whatsoever, payable to or applicable for the benefit of the donor.
(4C)References in section 683 to a settlement do not include references to the irrevocable allocation of pension rights by one spouse to the other in accordance with the terms of a relevant statutory scheme (within the meaning of Chapter I of Part XIV).”
(5)This section shall have effect for the year 1990-91 and subsequent years of assessment.