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Paragraph 28 I1C1

(1)

Sub-paragraph (3) applies where—

(a)

a person is a beneficiary under a settlement,

(b)

a major interest in a dwelling forms part of the trust property, and

(c)

under the terms of the settlement, the beneficiary is entitled to—

(i)

occupy the dwelling for life, or

(ii)

income earned in respect of the dwelling.

(2)

Sub-paragraph (3) also applies where—

(a)

a person is a beneficiary under a bare trust (within the meaning given by paragraph 2(1) and (2) of Schedule 8), and

(b)

a term of years absolute in a dwelling forms part of the trust property.

(3)

Where this sub-paragraph applies—

(a)

the beneficiary is to be treated for the purposes of this Schedule as holding the interest in the dwelling, and

(b)

if the trustee of the settlement or bare trust disposes of the interest, the beneficiary is to be treated for the purposes of this Schedule as having disposed of it.

Annotations

Modifications

C1

Sch. 5 applied (with modifications) (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126), regs. 1(2), 12

Commencement

I1

Sch. 5 para. 28 in force at 1.4.2018 by S.I. 2018/34, art. 3