Part 5U.K.Miscellaneous income

Chapter 5U.K.Settlements: amounts treated as income of settlor [F1or family]

Textual Amendments

F1Words in Pt. 5 Ch. 5 heading inserted (with effect in accordance with Sch. 10 para. 21 of the amending Act) by Finance Act 2018 (c. 3), Sch. 10 para. 3(2)

Charge to tax under Chapter 5U.K.

619Charge to tax under Chapter 5U.K.

(1)Income tax is charged on—

(a)income which is treated as income of a settlor as a result of section 624 (income where settlor retains an interest),

(b)income which is treated as income of a settlor as a result of section 629 (income paid to [F2relevant] children of settlor),

(c)capital sums which are treated as income of a settlor as a result of section 633 (capital sums paid to settlor by trustees of settlement), F3...

(d)capital sums which are treated as income of a settlor as a result of section 641 (capital sums paid to settlor by body connected with settlement).

[F4(e)benefits whose amount or value is treated as income of the settlor or a close family member as a result of section 643A (benefits provided out of protected foreign-source income), and

(f)amounts treated as income of the settlor or a close family member by section 643J or 643L (gifts provided out of benefits).]

[F5(2)For the purposes of [F6Chapter 2 of Part 2 of ITA 2007 (rates at which income tax is charged)] , where income of another person is treated as income of the settlor and is charged to tax under subsection (1)(a) or (b) above, it shall be charged in accordance with whichever provisions of the [F7Income Tax Acts] would have been applied in charging it if it had arisen directly to the settlor.]

Textual Amendments

F2Word in s. 619(1)(b) substituted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), reg. 186

F3Word in s. 619(1)(c) omitted (with effect in accordance with Sch. 10 para. 21 of the amending Act) by virtue of Finance Act 2018 (c. 3), Sch. 10 para. 4(a)

F4S. 619(1)(e)(f) inserted (with effect in accordance with Sch. 10 para. 21 of the amending Act) by Finance Act 2018 (c. 3), Sch. 10 para. 4(b)

F5S. 619(2) substituted (19.7.2006 with effect as mentioned in Sch. 13 para. 5(2) of the amending Act) for s. 619(2)-(4) by Finance Act 2006 (c. 25), s. 89, Sch. 13 para. 5(1)

F6Words in s. 619(2) substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 550(a) (with transitional provisions and savings in Sch. 2)

F7Words in s. 619(2) substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 550(b) (with transitional provisions and savings in Sch. 2)