Part 9Special rules about settlements and trustees
Chapter 2General provision about settlements and trustees
Sub-funds
477Sub-fund elections under Schedule 4ZA to TCGA 1992
1
This section applies for the purposes of the Income Tax Acts (except so far as, in those Acts, the context otherwise requires) if the trustees of a settlement have made a sub-fund election under paragraph 1 of Schedule 4ZA to TCGA 1992.
2
The sub-fund settlement is treated as a settlement that is created at the relevant time.
3
Each trustee of the trusts on which property comprised in the sub-fund settlement is held is treated as a trustee of the sub-fund settlement.
4
A person (“T”) who is a trustee of the sub-fund settlement is treated, from the relevant time, as having ceased to be a trustee of the principal settlement unless T is also a trustee of trusts on which property comprised in the principal settlement is held.
5
A person (“T”) who is a trustee of the principal settlement is not to be treated as a trustee of the sub-fund settlement unless T is also a trustee of trusts on which property comprised in the sub-fund settlement is held.
6
The trustees of the sub-fund settlement are treated as having become, at the relevant time, absolutely entitled to the property comprised in that settlement as against the trustees of the principal settlement.
7
In this section—
“principal settlement” has the meaning given by paragraph 1 of Schedule 4ZA to TCGA 1992,
“the relevant time” means the time when the sub-fund election is treated as having taken effect under paragraph 2 of that Schedule,
“sub-fund election” has the meaning given by paragraph 2 of that Schedule, and
“sub-fund settlement” has the meaning given by paragraph 1 of that Schedule.