Part III Individuals, partnerships, trusts and collective investment schemes etc
Chapter II Settlements
Migration of settlements, non-resident settlements and dual resident settlements
F187Non-UK resident settlements: attribution of gains to beneficiaries
(1)
This section applies to a settlement for a tax year (“the relevant tax year”) if F2there is no time in that year when the trustees are resident in the United Kingdom.
(2)
Chargeable gains are treated as accruing in the relevant tax year to a beneficiary of the settlement who has received a capital payment from the trustees in the relevant tax year or any earlier tax year if all or part of the capital payment is matched (under section 87A as it applies for the relevant tax year) with the section 2(2) amount for the relevant tax year or any earlier tax year.
F3(2A)
If the relevant tax year is a split year as respects the beneficiary, the gains are treated as accruing in the UK part of that year.
(3)
The amount of chargeable gains treated as accruing is equal to—
(a)
the amount of the capital payment, or
(b)
if only part of the capital payment is matched, the amount of that part.
(4)
The section 2(2) amount for a settlement for a tax year for which this section applies to the settlement is—
(a)
the amount upon which the trustees of the settlement would be chargeable to tax under section 2(2) for that year if they were resident F4... in the United Kingdom in that year, or
(b)
if section 86 applies to the settlement for that year, the amount mentioned in paragraph (a) minus the total amount of chargeable gains treated under that section as accruing in that year.
(5)
The section 2(2) amount for a settlement for a tax year for which this section does not apply to the settlement is nil.
F5(5A)
For the purpose of determining the section 2(2) amount for a settlement for a tax year—
(a)
any chargeable gain or allowable loss accruing in that tax year on a non-resident CGT disposal made (or treated as made) by the trustees, other than an NRCGT gain chargeable to, or an NRCGT loss allowable for the purposes of, capital gains tax by virtue of section 14D, is to be treated as if it were a chargeable gain or (as the case requires) allowable loss falling to be taken into account in calculating the amount mentioned in subsection (4)(a), and
(b)
such a disposal is otherwise to be disregarded.
F6(5B)
Where (apart from this subsection) the amount mentioned in subsection (4)(a) would include an amount of chargeable gains treated as accruing under section 103KA(2) or (3) (carried interest gains), the amount of the gains is to be disregarded for the purposes of determining the section 2(2) amount.
(6)
For the purposes of this section a settlement arising under a will or intestacy is treated as made by the testator or intestate at the time of death.
F7(7)
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