85 Disposal of interests in non-resident settlements.U.K.
(1)Subsection (1) of section 76 shall not apply to the disposal of an interest in settled property, other than one treated under subsection (2) of that section as made in consideration of obtaining the settled property, if at the time of the disposal the trustees are [F1not resident] in the United Kingdom.
(2)[F2Subject to subsections (4), (9) and (10) below,] subsection (3) below applies where—
(a)section 80 applies as regards the trustees of a settlement,
(b)after the relevant time (within the meaning of that section) a person disposes of an interest created by or arising under the settlement and the circumstances are such that subsection (1) above prevents section 76(1) applying, and
(c)the interest was created for his benefit, or he otherwise acquired it, before the relevant time.
(3)For the purpose of calculating any chargeable gain accruing on the disposal of the interest, the person disposing of it shall be treated as having—
(a)disposed of it immediately before the relevant time, and
(b)immediately reacquired it,
at its market value at that time.
(4)Subsection (3) above shall not apply if section 83 applied as regards the trustees in circumstances where the time concerned (within the meaning of that section) fell before the time when the interest was created for the benefit of the person disposing of it or when he otherwise acquired it.
(5)[F3Subject to subsection (10) below,] Subsection (7) below applies where—
(a)section 80 applies as regards the trustees of a settlement,
(b)after the relevant time (within the meaning of that section) a person disposes of an interest created by or arising under the settlement and the circumstances are such that subsection (1) above prevents section 76(1) applying,
(c)the interest was created for his benefit, or he otherwise acquired it, before the relevant time, and
(d)section 83 applied as regards the trustees in circumstances where the time concerned (within the meaning of that section) fell in the relevant period.
(6)The relevant period is the period which—
(a)begins when the interest was created for the benefit of the person disposing of it or when he otherwise acquired it, and
(b)ends with the relevant time.
(7)For the purpose of calculating any chargeable gain accruing on the disposal of the interest, the person disposing of it shall be treated as having—
(a)disposed of it immediately before the time found under subsection (8) below, and
(b)immediately reacquired it,
at its market value at that time.
(8)The time is—
(a)the time concerned (where there is only one such time), or
(b)the earliest time concerned (where there is more than one because section 83 applied more than once).
(9)Subsection (3) above shall not apply where subsection (7) above applies.
[F4(10)Subsection (3) or (7) above does not apply to the disposal of an interest created by or arising under a settlement which has relevant offshore gains at the material time.
The material time is—
(a)in relation to subsection (3) above, the relevant time within the meaning of section 80;
(b)in relation to subsection (7) above, the time found under subsection (8) above.
(11)For the purposes of subsection (10) above, a settlement has relevant offshore gains at any time if, were the year of assessment to end at that time, [F5chargeable gains would be treated under section 89(2) or paragraph 8 of Schedule 4C as accruing in the following year of assessment to a beneficiary who received a capital payment from the trustees of the settlement in that year.]]
Textual Amendments
F1Words in s. 85(1) substituted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 90
F2Words in s. 85(2) substituted (with effect in accordance with s. 95(5) of the amending Act) by Finance Act 2000 (c. 17), s. 95(2)
F3Words in s. 85(5) inserted (with effect in accordance with s. 95(5) of the amending Act) by Finance Act 2000 (c. 17), s. 95(3)
F4S. 85(10)(11) added (with effect in accordance with s. 95(5) of the amending Act) by Finance Act 2000 (c. 17), s. 95(4)
F5Words in s. 85(11) substituted (with effect in accordance with Sch. 7 para. 115 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 107