Paragraph 102

In section 69 of TCGA 1992 (trustees of settlements), after subsection (2D) insert—

“(2DA)

A trustee who is resident in the United Kingdom for a tax year is to be treated for the purposes of subsections (2A) and (2B) as if he or she were not resident in the United Kingdom for that year if—

(a)

the trustee is an individual,

(b)

the individual becomes or ceases to be a trustee of the settlement during the tax year,

(c)

that year is a split year as respects the individual, and

(d)

in that year, the only period when the individual is a trustee of the settlement falls wholly within the overseas part of the year.

(2DB)

Subsection (2DA) is subject to subsection (2D) and, accordingly, an individual who is treated under subsection (2DA) as not resident is, in spite of that, to be regarded as resident whenever the individual acts as mentioned in subsection (2D).”