{
  "url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992/schedule-5A/paragraph-2",
  "json_url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992/schedule-5A/paragraph-2.json",
  "legislation": "ukpga/1992/12",
  "legislation_title": "Taxation of Chargeable Gains Act 1992",
  "legislation_url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992",
  "path": "schedule/5A/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "(1) This paragraph applies if—\n(a) a settlement was created before 17th March 1998,\n(b) on or after the commencement day a person transfers property to the trustees otherwise than under a transaction entered into at arm’s length and otherwise than in pursuance of a liability incurred by any person before that day,\n(c) the trustees are not resident in the United Kingdom at the time the property is transferred, and\n(d) the transferor knows, or has reason to believe, that the trustees are not so resident ... .\n(2) Before the expiry of the period of twelve months beginning with the relevant day, the transferor shall deliver to the Board a return which—\n(a) identifies the settlement, and\n(b) specifies the property transferred, the day on which the transfer was made, and the consideration (if any) for the transfer.\n(3) For the purposes of sub-paragraph (2) above the relevant day is the day on which the transfer is made.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 5A inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 97(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 5A para. 2(1)(a) substituted (with effect in accordance with s. 131(4) of, Sch. 22 para. 5(2) of the amending Act) by Finance Act 1998 (c. 36), Sch. 22 para. 5(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 5A para. 2(1)(c) substituted (with effect in accordance with Sch. 12 para. 30(5) of the amending Act) by Finance Act 2006 (c. 25), Sch. 12 para. 30(1)(2)(c)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 5A para. 2(1)(c) substituted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 109(2)(a) (with Sch. 46 para. 109(6))"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 5A para. 2(1)(d) substituted (with effect in accordance with Sch. 12 para. 30(5) of the amending Act) by Finance Act 2006 (c. 25), Sch. 12 para. 30(3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. 5A para. 2(1)(d) omitted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 109(2)(b) (with Sch. 46 para. 109(6))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1992/12/schedule/5A/paragraph/2",
    "retrieved_at": "2026-10-29T09:36:15.270072+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}