Part 9Special rules about settlements and trustees

Chapter 10Heritage maintenance settlements

Absence of election and income treated as income of settlor: special rules

510Sums applied for property maintenance purposes

1

This section applies if—

a

income arises from the heritage maintenance property comprised in a heritage maintenance settlement in a tax year in respect of which no election is made under section 508,

b

the income is treated under Chapter 5 of Part 5 of ITTOIA 2005 as income of the settlor, and

c

a sum in excess of the income is applied for a property maintenance purpose in the year.

2

Any such sum which is so applied in that year, which would otherwise be treated for income tax purposes as the income of a person—

a

because of the person's interest in (or occupation of) the property in respect of which the sum is applied, or

b

under section 633 of ITTOIA 2005 (capital sums paid to settlor by trustees of settlement),

is not to be so treated.

511Prevention of double taxation: reimbursement of settlor

1

This section applies to income arising from heritage maintenance property if—

a

the income is treated under Chapter 5 of Part 5 of ITTOIA 2005 as income of the settlor,

b

the income is applied in reimbursing the settlor for expenditure incurred by the settlor for a property maintenance purpose, and

c

the expenditure is deductible in calculating the profits of—

i

a trade, or

ii

a UK property business,

carried on by the settlor.

2

Any such income—

a

is not to be brought into account as a receipt in calculating the profits of that trade or business, and

b

is not to be treated as income of the settlor otherwise than under Chapter 5 of Part 5 of ITTOIA 2005.