# Income Tax Act 2007, Section 812: Case where limit not to apply

Extent: E+W+S+N.I.

(1) Section 811 does not apply to income tax to which non-UK resident trustees are liable for a tax year, if there is a beneficiary of the trust who is—
(a) an individual who is ... UK resident, or
(b) a UK resident company.
(2) For the purposes of subsection (1) a person is a beneficiary of the trust if—
(a) the person is an actual or potential beneficiary of the trust, and
(b) condition A or B is met in relation to the person.
(3) Condition A is that the person is, or will or may become, entitled under the trust to receive some or all of any income under the trust.
(4) Condition B is that some or all of any income under the trust may be paid to or used for the benefit of the person in the exercise of a discretion conferred by the trust.
(5) The references in subsections (3) and (4) to any income under the trust include a reference to any capital under the trust so far as it represents amounts originally received by the trustees as income.

---
Source: https://www.legislation.gov.uk/ukpga/2007/3/section/812 (the official version)
Page: https://openlegislation.uk/income-tax-act-2007/section-812
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.