{
  "url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992/schedule-5A/paragraph-3",
  "json_url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992/schedule-5A/paragraph-3.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/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(1) This paragraph applies if a settlement is created on or after the commencement day, and at the time it is created—\n(a) the trustees are not resident in the United Kingdom, or\n(b) the trustees are resident ... in the United Kingdom but fall to be regarded for the purposes of any double taxation relief arrangements as resident in a territory outside the United Kingdom.\n(2) Any person who—\n(a) is a settlor in relation to the settlement at the time it is created, and\n(b) at that time fulfils the condition mentioned in sub-paragraph (3) below,\nshall, before the expiry of the period of three months beginning with the relevant day, deliver to the Board a return specifying the particulars mentioned in sub-paragraph (4) below.\n(3) The condition is that the person concerned... is resident in the United Kingdom and is not a qualifying new resident within the meaning of Schedule D1.\n(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) The particulars are—\n(a) the day on which the settlement was created;\n(b) the name and address of the person delivering the return;\n(c) the names and addresses of the persons who are the trustees immediately before the delivery of the return.\n(5) For the purposes of sub-paragraph (2) above the relevant day is the day on which the settlement is created.",
  "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. 3(1)(a) substituted (with effect in accordance with Sch. 12 para. 30(6) of the amending Act) by Finance Act 2006 (c. 25), Sch. 12 para. 30(1)(2)(c)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 5A para. 3(1)(a) substituted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 109(3)(a)(i) (with Sch. 46 para. 109(6))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 5A para. 3(1)(b) substituted (with effect in accordance with Sch. 12 para. 34(4) of the amending Act) by Finance Act 2006 (c. 25), Sch. 12 para. 34(1)(2)(g)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 5A para. 3(1)(b) 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(3)(a)(ii) (with Sch. 46 para. 109(6))"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. 5A para. 3(3) omitted (for the tax year 2025-26 and subsequent tax years) by virtue of Finance Act 2025 (c. 8), s. 40(4), Sch. 9 para. 20(2)(a) (with Sch. 9 para. 20(4)(5))"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in Sch. 5A para. 3(3) substituted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 109(3)(b) (with Sch. 46 para. 109(6))"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Sch. 5A para. 3(3) inserted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 40(4), Sch. 9 para. 20(2)(b) (with Sch. 9 para. 20(4)(5))"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Sch. 5A para. 3(3A) omitted (for the tax year 2025-26 and subsequent tax years) by virtue of Finance Act 2025 (c. 8), s. 40(4), Sch. 9 para. 20(2)(c) (with Sch. 9 para. 20(4)(5))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1992/12/schedule/5A/paragraph/3",
    "retrieved_at": "2026-11-14T03:34:05.925206+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."
}