Income Tax Act 2007

475Residence of trustees
This section has no associated Explanatory Notes

(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.