SCHEDULES

SCHEDULE 34Policies of life insurance etc: miscellaneous amendments

Part 2Charitable and non-charitable trusts

Method of charging gain to tax: multiple interests

8

1

Section 547A of the Taxes Act 1988 is amended as follows.

2

In subsection (3) (the cases where a person has a relevant interest) in paragraph (a) (which refers to trusts created by an individual) before “trusts” insert “ non-charitable ”.

3

In paragraph (b) of that subsection (which refers to trusts created by a company) before “trusts” insert “ non-charitable ”.

4

After paragraph (c) of that subsection (personal representatives) insert—

cc

in the case of trustees of a charitable trust, if a share in the rights is held by them or as security for a debt owed by them;

5

In paragraph (d) of that subsection (trustees) after “trustees” insert “ of a non-charitable trust ”.

6

For the word “or” at the end of sub-paragraph (i) of that paragraph substitute the following sub-paragraph—

ia

if a share in the rights is held by them which does not also fall within paragraph (a), (b) or (c) above or sub-paragraph (i) above; or

7

In subsection (6) (rights or share held on trusts created by two or more persons) before “trusts”, where first occurring, insert “ non-charitable ”.

8

In subsection (10) (case where different shares of the whole trust property originate from different persons)—

a

in paragraph (a), before “trusts” insert “ non-charitable ”; and

b

in the closing words, before “trusts” insert “ non-charitable ”.