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Section 735AA Settlements to which following sections applyF1

(1)

Sections 735AB to 735C apply if—

(a)

a relevant transfer occurred before 6 April 2025,

(b)

the person abroad was—

(i)

the trustees of a settlement, or

(ii)

a company in which the trustees of a settlement were participators or indirect participators, and

(c)

protected foreign-source income or transitionally protected income arose in relation to the transfer.

(2)

In sections 735AB to 735C—

  • “the relevant transfer” means the transfer referred to in subsection (1)(a);

  • “the settlement” means the settlement referred to in subsection (1)(b)(i) or (ii) (as the case may be);

  • “the settlor” means the settlor of that settlement.

(3)

For the purposes of subsection (1)(b)(ii), the trustees of a settlement are “indirect participators” in a company if they are participators in the first in a chain of two or more companies where the last company in the chain is the person abroad and where each company in the chain (except the last) is a participator in the next company in the chain.

Annotations

Textual amendments

F1

Ss. 735AA-735AG and cross-heading inserted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 44, 70(1) (with Sch. 12 para. 73)

Notes on Chapter 2

Modifications

C1

Pt. 13 Ch. 2 applied by 1988 c. 1, s. 762ZA (as inserted (21.7.2008 with effect in accordance with Sch. 7 para. 98 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 94)

C2

Pt. 13 Ch. 2 applied (with effect in accordance with art. 1(2)(3) Sch. 1 of the amending S.I.) by The Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001), regs. 1(1), 21

C3

Pt. 13 Ch. 2 modified (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 10 paras. 10(9), 11

C4

Pt. 13 Ch. 2 modified (retrospective to 6.4.2025 for the tax year 2025-26 and subsequent tax years) by Finance Act 2026 (c. 11), s. 53(1)-(7)(10)