Part 9Special rules about settlements and trustees

C1Chapter 2General provision about settlements and trustees

Annotations:
Modifications etc. (not altering text)
C1

Pt. 9 Ch. 2 applied (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 1169(1), 1184(1) (with Sch. 2)

Settlors

470Transfers between settlements

1

Section 471 applies in relation to a transfer of property from the trustees of one settlement (“settlement 1”) to the trustees of another settlement (“settlement 2”) if the transfer—

a

is not for full consideration,

b

is not by way of a bargain made at arm's length, and

c

is not excluded by subsection (2).

2

A transfer of property is excluded for the purposes of subsection (1) if—

a

it occurs only because of the assignment by a beneficiary under settlement 1 of an interest in that settlement to the trustees of settlement 2,

b

it occurs only because of the exercise of a general power of appointment, or

c

section 473(4) applies in relation to it.

3

In this section “transfer of property” means—

a

a disposal of property by the trustees of settlement 1, and

b

the acquisition by the trustees of settlement 2 of—

i

property disposed of by the trustees of settlement 1, or

ii

property created by the disposal.

4

For the purposes of subsection (3) there is an acquisition or disposal of property if there would be an acquisition or disposal of property for the purposes of TCGA 1992.