17.—(1) The residence condition is met with respect to a recipient on the date the interest distribution is made if any of conditions A to E is met.
(2) Condition A is that, in relation to an interest distribution which is not made to or received under a trust, there is a valid declaration, made by the recipient, that the recipient is not ordinarily resident in the United Kingdom.
(3) Condition B is—
(a)that the recipient receives the interest distribution as the personal representative of a deceased person, and
(b)that the deceased person had made a declaration, which was valid at the time of the deceased person’s death, that the deceased person was not ordinarily resident in the United Kingdom.
(4) Condition C is—
(a)that the recipient receives the interest distribution as a personal representative of a deceased person, and
(b)that the personal representative has made a declaration that the deceased, immediately before the time at which the deceased died, was not ordinarily resident in the United Kingdom.
(5) Condition D is that, in the case of an interest distribution made to or received under a trust where the whole of the income is, or falls to be treated as, or under any provision of the Tax Acts is deemed to be, the income of a person other than the trustees of that trust, there is a valid declaration, made by the person in question that the person is either not ordinarily resident or, in the case of a company, not resident in the United Kingdom.
(6) Condition E is that, in circumstances in which condition D does not apply and with respect to a recipient in the case of an interest distribution made to or received under a trust, there is a valid declaration, made by the trustees of that trust, that—
(a)the trustees are not resident in the United Kingdom, and
(b)each beneficiary of the trust is either not ordinarily resident or, in the case of a beneficiary which is a company, not resident in the United Kingdom.
18.—(1) A declaration for the purposes of regulation 17 must—
(a)be in such form as may be required or authorised by the Commissioners;
(b)be made in writing to the investment trust or prospective investment trust making the interest distribution in question; and
(c)contain any details or undertakings required by paragraphs (2) to (4).
(2) A declaration made for the purposes of condition A or B in regulation 17 must contain—
(a)the name and principal residential address of the person making it; and
(b)an undertaking that the investment trust or prospective investment trust will be notified by that person if the person becomes ordinarily resident in the United Kingdom.
(3) A declaration made for the purposes of condition C in regulation 17 must contain the name of the deceased and the principal residential address of the deceased immediately before the time at which the deceased died.
(4) A declaration made for the purposes of condition D or E in regulation 17 must contain—
(a)the names and principal residential addresses of the trustees of the trust or, in the case of a trustee which is a company, the name of the company and the address of its registered or principal office;
(b)the names and principal residential addresses of the beneficiaries of the trust or, in the case of a beneficiary which is a company, the name of the company and the address of its registered or principal office; and
(c)an undertaking that the trustees of the trust will notify the investment trust or prospective investment trust if—
(i)they become resident in the United Kingdom,
(ii)any beneficiary of the trust named in the declaration becomes ordinarily resident or, in the case of a company, resident in the United Kingdom, or
(iii)any person who becomes a beneficiary of the trust after making the declaration either is at the time of becoming a beneficiary, or subsequently becomes, ordinarily resident or, in the case of a company, resident in the United Kingdom.
19. In regulations 17 and 18 references to a beneficiary are references to any person who is known to the trustees of the trust to be either—
(a)a person who is, or will, or may become, entitled to any income of the trust, whether in the form of income or not, or
(b)a person to whom any such income may be paid, or for whose benefit any such income may be applied, whether in the form of income or not, in the exercise of a discretion by the trustees.
20.—(1) For the purposes of determining whether an interest distribution should be made with or without any deduction required by the deduction obligation, an investment trust or prospective investment trust is entitled to treat a declaration made for the purposes of regulation 17 as valid.
(2) But the investment trust or prospective investment trust may not treat the declaration as valid if condition A or B is met.
(3) Condition A is that the investment trust or prospective investment trust receives a notification in compliance with an undertaking under regulation 18 that a person to whom the undertaking relates has become resident or ordinarily resident in the United Kingdom.
(4) Condition B is that the investment trust or prospective investment trust comes into possession of information by some other means which indicates that such a person is or may be resident or ordinarily resident in the United Kingdom.