[169D Exceptions to sections 169B and 169C]

[169D  Exceptions to sections 169B and 169C]

[(1)     Sections 169B and 169C shall not apply in relation to a disposal to the trustees of a settlement in a year of assessment if the trustees have elected[, or could have elected,] that section [508 of ITA 2007 (trustees' election in respect of income arising from heritage maintenance property)] shall have effect in the case of—

(a)     the settlement, or

(b)     any part of the settlement,

in relation to that year of assessment.

(2)     Sections 169B and 169C shall not apply in relation to a disposal to the trustees of a settlement if the following conditions are satisfied.

[(3)     The first condition is that, immediately after the making of the disposal, the settled property is held on trusts which secure that, during the lifetime of a disabled person—

(a)     if any of the property is applied for the benefit of a beneficiary, it is applied for the disabled person's benefit, and

(b)     either—

(i)     the disabled person is entitled to all of the income (if there is any) arising from any of the property, or

(ii)     if any such

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