Taxation of Chargeable Gains Act 1992

[F1 [F2 Trustees: anti-avoidance U.K.

Textual Amendments

F1 Sch. 5B inserted (with effect in accordance with Sch. 13 para. 4(4) of the amending Act) by Finance Act 1995 (c. 4), Sch. 13 para. 4(3)

F2 Sch. 5B paras. 16-19 and cross-headings inserted (with effect in accordance with s. 74(3) of the amending Act) by Finance Act 1998 (c. 36), Sch. 13 para. 36

18 (1) Paragraphs 13 [F3 to 13C] and 15 above shall have effect in relation to the subscription for shares by the trustees of a settlement as if references to the individual subscribing for the shares were references to— U.K.

(a) those trustees;

(b) any individual or charity by virtue of whose interest, at a relevant time, paragraph 17 above applies to the settled property; or

(c) any associate of such an individual, or any person connected with such a charity.

(2) The relevant times for the purposes of sub-paragraph (1)(b) above are the time when the shares are issued and—

(a) in a case where [F4 sub-paragraph (1) of paragraph 13 above applies, or that sub-paragraph would apply were it not for the fact that the amount of value is an amount of insignificant value for the purposes of that sub-paragraph], the time when the value is received;

[F5 (ab) in a case where paragraph 13(1) above would apply were it not for the operation of paragraph 13B above, the time when the original value (within the meaning of paragraph 13B above) in question is received;]

(b) in a case where paragraph 15 above applies, the time when the loan is made.]]

Textual Amendments

F3 Words in Sch. 5B para. 18(1) inserted (11.5.2001) by Finance Act 2001 (c. 9), Sch. 15 para. 36(a) (with Sch. 3)

F4 Words in Sch. 5B para. 18(2)(a) substituted (11.5.2001) by Finance Act 2001 (c. 9), Sch. 15 para. 36(b)(i) (with Sch. 3)

F5 Sch. 5B para. 18(2)(ab) inserted (11.5.2001) by Finance Act 2001 (c. 9), Sch. 15 para. 36(b)(ii) (with Sch. 3)