{
  "url": "https://openlegislation.uk/draft-enactment-of-extra-statutory-concessions-order-2017/article-5",
  "json_url": "https://openlegislation.uk/draft-enactment-of-extra-statutory-concessions-order-2017/article-5.json",
  "legislation": "ukdsi/2017/9780111153956",
  "legislation_title": "The Enactment of Extra-Statutory Concessions Order 2017",
  "legislation_url": "https://openlegislation.uk/draft-enactment-of-extra-statutory-concessions-order-2017",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Non-resident or dual resident settlements: meaning of “participator”",
  "text": "(1) Schedule 5 to the Taxation of Chargeable Gains Act 1992 is amended as follows.\n(2) In paragraph 2A (settlements created before 17th March 1998) after sub-paragraph (9) insert—\n“(9A) For the purposes of sub-paragraphs (8) and (9) above a person is not to be regarded as a participator in a company controlled by the trustees of a settlement where the person has a share or interest in the capital or income of the company solely by virtue of an interest which the person has under the settlement.”.\n(3) In paragraph 8 (meaning of “originating”) after sub-paragraph (8) insert—\n“(8A) But a person is not to be regarded as a participator in a company controlled by the trustees of a settlement where the person has a share or interest in the capital or income of the company solely because of an interest which the person has under the settlement.”.\n(4) In paragraph 9 (qualifying settlements, and commencement) after sub-paragraph (10) insert—\n“(10ZA) For the purposes of sub-paragraphs (9) and (10) above a person is not to be regarded as a participator in a company controlled by the trustees of a settlement where the person has a share or interest in the capital or income of the company solely by virtue of an interest which the person has under the settlement.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Paragraph 2A of Schedule 5 was inserted by section 131 of, and paragraph 2 of Schedule 22 to, the Finance Act 1998 (c. 36). Sub-paragraph (10) of paragraph 2A was amended by section 1177 of, and paragraphs 225 and 266(1) and (3)(c) of Schedule 1 to, the Corporation Tax Act 2010 (c. 4). Other relevant amendments have been made to sub-paragraph (9) of paragraph 8 of Schedule 5 which was amended by section 1177 of, and paragraphs 225 and 266(1) and (4)(b) of Schedule 1 to, the Corporation Tax Act 2010 and sub-paragraph (11) of paragraph 9 of Schedule 5 which was amended by section 131 of, and paragraph 4 of Schedule 22 to, the Finance Act 1998 and section 1177 of, and paragraphs 225 and 266(1) and (5)(c) of Schedule 1 to, the Corporation Tax Act 2010."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2017/9780111153956/article/5",
    "retrieved_at": "2026-10-30T15:06:54.679976+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}