Part 5Miscellaneous income
Chapter 5Settlements: amounts treated as income of settlor
Other supplementary provisions
646Adjustments between settlor and trustees etc.
1
A settlor is entitled to recover from—
a
any trustee, or
b
any other person to whom the income is payable in connection with the settlement,
the amount of any tax paid by the settlor which became chargeable on the settlor under section 624 or 629.
2
For this purpose, the settlor may require the Inland Revenue to provide the settlor with a certificate specifying—
a
the amount of income in respect of which the settlor has so paid tax, and
b
the amount of tax so paid.
3
A certificate provided under subsection (2) is conclusive evidence of the facts stated in it.
4
Subsection (5) applies if—
a
a settlor obtains a repayment of tax in respect of an allowance or relief, and
b
the repayment is in excess of the amount of the repayment to which the settlor would have been entitled but for sections 624 to 632.
5
The settlor must pay an amount equal to the excess to—
a
the trustee, or
b
the other person to whom the income is payable by virtue of or as a result of the settlement.
6
If there are two or more such persons, the amount must be apportioned among them as the case may require.
7
Any question as to—
a
the amount of a payment under subsection (5), or
b
an apportionment to be made under subsection (6),
is to be decided by the General Commissioners whose decision is final.
8
Nothing in sections 624 to 632 is to be read as excluding a charge to tax on the trustees as persons by whom any income is received.