Part 9Special rules about settlements and trustees
Chapter 2General provision about settlements and trustees
Trustees
475Residence of trustees
1
This section applies for income tax purposes and explains how to work out, in relation to the trustees of a settlement—
a
whether or not the single person mentioned in section 474(1) is UK resident, and
b
whether or not that person is ordinarily UK resident.
2
If at a time either condition A or condition B is met, then at that time the single person is both UK resident and ordinarily UK resident.
3
If at a time neither condition A nor condition B is met, then at that time the single person is both non-UK resident and not ordinarily UK resident.
4
Condition A is met at a time if, at that time, all the persons who are trustees of the settlement are UK resident.
5
Condition B is met at a time if at that time—
a
at least one person who is a trustee of the settlement is UK resident and at least one such person is non-UK resident, and
b
a settlor in relation to the settlement meets condition C (see section 476).
6
If at a time a person (“T”) who is a trustee of the settlement acts as trustee in the course of a business which T carries on in the United Kingdom through a branch, agency or permanent establishment there, then for the purposes of subsections (4) and (5) assume that T is UK resident at that time.