Part 3Income tax, corporation tax and capital gains tax

Trusts

56Trust gains on contracts for life insurance

1

Section 498 of ITA 2007 (trustees' tax pool) is amended as follows.

2

In subsection (1)—

a

in Type 1, for “2 or 3” substitute “ 2, 3 or 3A ”, and

b

after Type 3 insert—

Type 3A The amount of tax at the nominal rate on any amount in respect of which—

a

the trustees are liable to income tax under section 467 of ITTOIA 2005 (gains from contracts for life insurance etc),

b

the trustees are liable to income tax at the trust rate by virtue of section 482 above, and

c

tax at the savings rate is treated as having been paid by virtue of section 530 of ITTOIA 2005 (life insurance).

3

After subsection (2) insert—

2A

In relation to Type 3A, the reference to the nominal rate is a reference to a rate equal to the difference between the trust rate and the savings rate.

4

The amendments made by this section have effect in relation to gains arising to the trustees of a settlement on or after 6th April 2007.