Section 554Q Exclusions: income arising from earmarked sum or assetF1
This section applies if—
a sum of money or asset (“sum or asset R”) is held by or on behalf of a person (“P”),
income arises from sum or asset R, and
when the income arises, it—
is received by or on behalf of P, and
is the subject of a relevant step within section 554B taken by P.
Chapter 2 does not apply by reason of the relevant step mentioned in subsection (1)(c)(ii) if—
before the income arises, sum or asset R was the subject of a relevant step within section 554B taken by P,
Chapter 2 applied by reason of the relevant step mentioned in paragraph (a) in respect of A's employment with B or would have so applied apart from this section or section 554R or any of sections 554H to 554M or section 554T,
immediately before the income arises, sum or asset R is still earmarked or otherwise held on the basis mentioned in section 554B(1)(a) or (b), and
subsection (3) does not apply.
This subsection applies if it is reasonable to suppose that, taking into account the type of investments from which the income derives (directly or indirectly), in essence, the income represents a return from sum or asset R which exceeds the return which might be expected applying the assumption that all relevant connected persons are acting at arm's length of each other.
In subsection (3) “relevant connected person” means a person with a connection (direct or indirect) to the arrangement under which the income arises.
Annotations
Textual amendments
- F1
Pt. 7A inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 1
Notes on Part 7A
Modifications
- C1
Pt. 7A modified (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 35(6)
- C2
Pt. 7A modified (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 1(8)
- C3
Pt. 7A modified (22.7.2020) by 2017 c. 32, Sch. 11 para. 1A(2)(6) (as inserted by Finance Act 2020 (c. 14), s. 16(3))
Notes on Chapter 1
Modifications
- C1
Pt. 7A modified (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 35(6)
- C2
Pt. 7A modified (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 1(8)