Part 23Company distributions

Chapter 3Matters which are not distributions

Supplementary provisions

1060Associated persons: trustees

(1)

If shares in a company are held by the trustees of a settlement then, in relation to the company—

(a)

the trustees are associates of—

(i)

any person who (directly or indirectly) provided property to the trustees or has made a reciprocal arrangement for another to do so,

(ii)

any person who is, by virtue of section 1059(2) or (3), an associate of a person within sub-paragraph (i), and

(iii)

any person who is, or may become, beneficially entitled to a significant interest in the shares, and

(b)

any such person is an associate of the trustees.

(2)

Subsection (1) does not apply to shares held on trusts which relate exclusively to a registered pension scheme.

(3)

Subsection (1) does not apply to shares held on trusts which—

(a)

are exclusively for the benefit of—

(i)

the employees, or the employees and directors, of the company referred to in subsection (1) (or of companies in a group to which that company belongs), or

(ii)

their dependants, and

(b)

are not wholly or mainly for the benefit of directors or their relatives.

(4)

For the purposes of subsection (1) a person's interest is significant if its value is greater than 5% of the value of all the settled property, excluding any property in which the person is not and cannot become beneficially entitled to an interest.

(5)

In subsection (3) “group” means a company which has one or more 51% subsidiaries, together with those subsidiaries.